Nationally Significant Infrastructure Projects: 2024 Pre-application Prospectus
Introducing the new pre-application service for Nationally Significant Infrastructure Projects.
Applies to England and Wales
Introducing a new pre-application service
In 2020, the National Infrastructure Strategy established a government ambition to accelerate and improve the decision-making process for major infrastructure projects, including those considered under The Planning Act 2008 (PA2008). This ambition was reinforced in 2022 within the British Energy Security Strategy which committed to establishing a process allowing some Nationally Significant Infrastructure Projects (NSIPs) to be capable of receiving a decision within 12 months.
Following an operational review of the PA2008 process beginning in 2021, the Department for Levelling Up, Housing and Communities (DLUHC) published an Action Plan setting out proposed reforms that would be implemented to ensure the PA2008 process can support the country’s future infrastructure needs. Between July and September 2023, DLUHC consulted on the details of the operational reforms and government’s response to the consultation was published on 6 March 2024.
The Planning Inspectorate has responded to the government brief by developing a new pre-application service which is set out in this, the 2024 Pre-application Prospectus. The key areas of operational reform supported within the Inspectorate’s new service are:
- The introduction of three pre-application tier options reflecting different levels of service that applicants may receive from the Inspectorate ahead of submitting an application.
- The introduction of pre-application fees associated with the service under each pre-application tier, discharging government’s policy ambition for the Inspectorate to achieve full cost recovery for the services it provides.
- The introduction of a ‘Fast Track’ procedure which will allow some applications, that are able to satisfy a new Quality Standard, to potentially receive a decision within 12 months from the point that the application is accepted for examination.
Updated government guidance has been published which provides the framework for our new pre-application service, including the Fast Track procedure. Government’s 2024 National Infrastructure Planning Guidance Portal.
What does success look like and what does it depend upon?
The Inspectorate is confident that through these reforms our service will be substantially improved, providing applicants with better focused and more helpful advice, enhanced certainty of timescales and improved project outcomes. Through a collaborative effort involving statutory bodies, local authorities, and other stakeholders, the new pre-application service is expected to result in consistently smoother and potentially faster post-submission stages.
We note that the success of our service reforms has interdependencies with the progression of other government policy initiatives, including for example the update and ongoing maintenance of National Policy Statements. The success of our service, and the achievement of government’s policy objectives, also has interdependencies with service reforms at other government bodies which have an advisory role in the PA2008 process. These interdependencies will be taken into account as the performance of the new service is monitored by the Inspectorate and wider government.
The 2024 Pre-application Prospectus supersedes the ‘Pre-application Prospectus for Applicants’ published in 2014, which is being withdrawn and should not be relied upon by projects entering the PA2008 system from May 2024. Further information about transitional arrangements.
The Inspectorate considers that the services set out in the 2024 Pre-application Prospectus are relevant to, and will add value for, all users of the PA2008 process. However, the prospectus establishes a service within the pre-application stage which is necessarily led, and paid for, by applicants. On this basis, the prospectus describes services which are predominantly framed around the interests and needs of applicants in relation to the submission of well-prepared applications.
Paragraph: 001 Reference ID: 1-001-20240516
Revision date: 16 05 2024
The pre-application stage – an overview
The main features of the pre-application stage in the PA2008 process are explained in government guidance. Government’s 2024 National Infrastructure Planning Guidance about the pre-application process. Additional details are provided within our Advice Pages which are also being updated to reflect and support the new service. As a frontloaded process, activities within the pre-application stage are of critical importance in preparing applications that, if accepted, are capable of receiving a decision within statutory timeframes and, where consent is granted, being delivered to meet the national need.
For applicants, in general terms the activities at the pre-application stage include:
- Establishing early relationships with stakeholders affected by the project, including statutory bodies, local authorities, persons with an interest in the land affected by the project and the local community;
- establishing the tier of support requested from the Inspectorate and preparing and maintaining a pre-application Programme Document;
- developing relationships and, where relevant, agreeing requested levels of service with affected statutory bodies and local authorities, in accordance with the pre-application Programme Document, and progressing to resolution, where achievable, relevant issues raised by those bodies;
- developing relationships with other stakeholders, including the local community, and progressing to resolution, where achievable, relevant issues raised by those stakeholders;
- for relevant projects, seeking advice from the Inspectorate on the project’s suitability for a Fast Track procedure, and meeting associated requirements at the pre-application stage;
- developing the design of the project to reflect the good design criteria in the relevant National Policy Statement(s);
- giving required notifications to the Inspectorate;
- undertaking mandatory pre-application consultation and publicity;
- preparing and undertaking necessary project assessments, if required, such as Environmental Impact Assessment (EIA) and Habitats Regulations Assessment (HRA);
- beginning the work necessary for obtaining other non-planning consents or licenses such as species licences or environmental permits;
- preparing the application documents including the draft Development Consent Order (DCO); and
- logistical preparations for post-submission stages including the identification of potential Preliminary Meeting and hearing venues etc.
What does this mean for other people and organisations?
For other individuals and organisations affected by proposals under the PA2008, the pre-application stage represents the main opportunity to engage with the applicant to shape the proposal. After an application has been accepted for examination, there is limited scope for the substance of the proposals to change. This means that comprehensive stakeholder engagement at the pre-application stage is critical in order that their views may influence the final form of the submitted application. Further information in relation to engagement at the pre-application stage is provided in our Advice Pages.
Paragraph: 002 Reference ID: 1-002-20240516
Revision date: 16 05 2024
Section 51 advice and how it may change
Although the pre-application stage is led by the applicant, the Inspectorate can advise applicants and others with a view to ensuring an application is better prepared for post-submission stages, including the examination. This advice is issued under section 51 of the PA2008. Any section 51 advice that we issue is without prejudice to the acceptance decision under section 55 of the PA2008 and any future decision taken by the relevant Secretary of State about whether development consent should be granted. The relevant Secretary of State is the Secretary of State for the type of development under consideration, for example for highway-related NSIP development the Secretary of State for Transport is the decision-maker for applications.
We can provide advice to applicants on procedural matters and also provide an impartial view on questions relating to potential examination issues and the readiness of an application to proceed beyond the pre-application stage. Drawing on our experience, we can also provide advice about what to expect during post-submission stages, including the examination, and indicate approaches to best practice. Within the new service, the extent of the advice service provided to applicants by the Inspectorate will be limited by the tier subscription of the applicant.
For applicants, the type of advice available from the Inspectorate can include, depending on the tier subscription, the aspects of advice set out below:
The process and the application
- Advice about procedural matters;
- Advice emerging from an impartial view on questions which relate to potential examination issues;
- Advice about the policy framework for a proposed application;
- Advice about the project design options being considered by the applicant;
- Advice about the consultation strategies, consent strategies and the programme for pre-application activities eg advising whether timescales are realistic or about any important omissions;
- Advice about the acceptance tests under the legislation and acceptance process; and
- Advice about the Quality Standard test associated with the Fast Track procedure.
EIA, HRA and land rights advice
- Advice about proposed approaches to EIA including cumulative effects and use of the Rochdale envelope;
- Advice about approaches to HRA;
- Advice about EIA screening and scoping;
- Advice about the list of consultees for the Environmental Statement;
- Advice about transboundary consultation and the process followed;
- Advice about working with public bodies in EIA and HRA processes; and
- Advice about making land rights and access requests (section 52/ 53 of the PA2008).
Good practice advice
- Helping applicants to build and sustain good working relationships with relevant statutory bodies, local authorities and other stakeholders including the local community;
- Advice about what to expect in examination and examination risks based on experience of other cases;
- Signposting to good practice examples of application and examination documents and approaches; and
- Advice about approaches to evidencing agreement/ disagreement with consultees eg in Statements of Common Ground and pre-application Principal Areas of Disagreement Summary Statements (PADSS).
Paragraph: 003 Reference ID: 1-003-20240516
Revision date: 16 05 2024
Our openness policy
The Inspectorate has a duty under section 51 of the PA2008 to publish any advice we give about applying for a DCO or making representations about an application, or proposed application, for a DCO. This duty reflects the importance of the pre-application stage and the role of the Inspectorate within it.
We seek to be helpful in advising applicants and other stakeholders about applications and our commitment to fairness, openness and impartiality means that we publish advice that we have given to any party regardless of whether that advice was given under section 51 of the PA2008. Where advice relates to a specific project, it is published on the relevant project page on Find a National Infrastructure Project. If we issue advice at a meeting, a draft of the advice will always be shared with the meeting attendees before publication.
Within the new service project-specific advice given to applicants will be published in the form of an Advice Log. Every project will have an individual Advice Log which will be published and maintained on the relevant project page on Find a National Infrastructure Project. A draft of the Advice Log will always be shared with the applicant for comment before publication. The Advice Log will be updated to record all advice that we issue to each applicant during pre-application, including any advice issued at project meetings.
Paragraph: 004 Reference ID: 1-004-20240516
Revision date: 16 05 2024
Publication of early advice and project information
We are conscious of the need to strike an appropriate balance between openness and enabling potential investors to protect sensitive information at the earliest stages of discussion. Some applicants feel that there may be occasions in the early stages of pre-application when they may be able to engage more fully with us if the publication of any advice given and any information about a project provided by an applicant to the Inspectorate did not immediately emerge into the public domain.
As explained above, we are required to publish any advice we give under section 51 of the PA2008. Whilst the PA2008 does not specify any time period within which such advice must be published, it implies an expectation that there should not be any unreasonable delay. Our openness policy sets an expectation that advice will be published as soon as practicable, except in circumstances where a reasonable delay is justified.
What happens where EIA Regulations are concerned?
Where an applicant has not yet submitted a request or notification under Regulation 8 of the EIA Regulations, it can ask us to delay publication of early project discussions by up to six months, specifically:
- Publishing advice given to the applicant and other information relating to such advice; and/ or
- adding the project to the list of pre-application projects on Find a National Infrastructure Project.
We will expect applicants to justify why delaying publication of such information is required for commercial confidentiality/ sensitivity reasons. We will not unreasonably decline any such request.
When an EIA Regulation 8 request or notification is received, all advice given in relation to that project will be published at that point irrespective of whether or not six months have passed from the time information for the website was received, advice was given, or a meeting held for which we had agreed to a delay of publication. Once we have received an EIA Regulation 8 request or notification, the existing practice of publishing all advice provided as soon as practicable will continue in the interests of openness and transparency.
Applicants should note our obligations under the Freedom of Information Act and the Environmental Information Regulations. These may, following a request, require us to disclose any unpublished information for which we have agreed to delay publication, either where an exemption or exception does not apply or, if in all the circumstances of the case, the public interest in disclosing the information outweighs the public interest in maintaining the exemption or exception.
In addition, all applicants are expected to have early (in confidence if necessary) discussions with affected statutory bodies, such as the statutory nature conservation bodies, and affected local authorities, on the scope, where necessary, of their EIA and HRA (including consideration of alternatives and approaches to surveys). Any public record of these discussions will be subject to the individual policies of these bodies.
Paragraph: 005 Reference ID: 1-005-20240516
Revision date: 16 05 2024
Our new pre-application service
We recognise that our pre-application service is not ‘one size fits all’ and on that basis we have established flexibility through a new tiered approach to our service offer. This will enable a proportionate approach according to the needs of individual applicants. Different projects, and different applicants, will require different levels of engagement at the pre-application stage depending on, for example:
- whether the applicant has experience of using the PA2008 process;
- whether the project’s system of stakeholders, including affected local authorities, have experience of the PA2008 process;
- the scale and location of the project;
- the complexity of the project issues and likely levels of agreement/ disagreement between the applicant and other key stakeholders, including affected statutory bodies and local authorities, at the point of submission;
- the extent to which the project or approach to seeking consent is novel;
- whether the applicant is seeking a Fast Track procedure;
- whether or not a relevant National Policy Statement is designated, or otherwise the status of the designated National Policy Statement; and
- the level of local and national interest in a project.
On this basis, we have developed three pre-application service tiers which are expected to be appropriate for the range of applications we provide advice and support in relation to. In all service tiers, all applicants are expected to engage five primary service features. The five primary service features.
What are the three tier options?
Tier 1: The basic service
Within the basic tier, direct interactions between the Inspectorate and applicants are minimised. Only statutory duties are discharged by the Inspectorate, including a screening and scoping service if engaged by the applicant. We consider that the basic tier could represent an appropriate service for very experienced applicants and low-complexity projects, for which an up-to-date relevant National Policy Statement(s) is in place, seeking no or limited compulsory acquisition powers, and/ or which are likely to give rise to examination issues that are few and commonly considered by Examining Authorities.
In general, we consider that subscription to a basic tier service is a higher risk consenting strategy for most applications as there will be far less opportunity for us to inform any key matters of concern prior to receipt of the application. Some types of applications which subscribe to a basic tier service may be more likely to experience more challenging examinations and statutory maximum timeframes.
Tier 2: The standard service
Within this service tier, most applications should be capable of being prepared to a standard which enables them to be accepted for examination and examined within a proportionate period which is within the statutory six months maximum. This service tier includes project update meetings between the applicant and the Inspectorate at key milestones in the pre-application process, a standard draft documents review service and an embedded risk review process. Applicants may choose to develop one or more of the supplementary components identified within the enhanced tier service in order to optimise their application and minimise risk, but we will not provide focused support in the development of these components within the standard tier service.
We consider that the standard tier could represent an appropriate service for most projects ie those which are neither exceptionally straightforward nor exceptionally complex. Applicants will not however be enabled to qualify for a Fast Track procedure under the standard tier service. Although entry to a formal Fast Track procedure is not enabled, where residual pre-application issues are minimised within a standard tier service, this will not prevent an examination from being shorter than the statutory six-months maximum; in accordance with the discretion of the appointed Examining Authority.
Tier 3: The enhanced service
The enhanced tier features unique service offers including:
- The Inspectorate supporting the development of up to nine supplementary pre-application components which can assist in optimising applications prior to submission, increasing the likelihood of smoother and potentially faster post-submission stages. The Annex to this Prospectus provides more information about supplementary pre-application components.
- The Inspectorate adopting a facilitative and pre-emptive role, including within multiparty forums. A ‘pre-emptive’ role will involve the Inspectorate identifying project and programme risks based on its experience of the PA2008 process and providing advice to the applicant about how to offset or mitigate those risks. More information about facilitation.
- Enhanced Examining Inspector involvement in pre-application advice.
- The enablement of applicants to qualify for a Fast Track procedure through the satisfaction of the Quality Standard, including associated support from the Inspectorate.
For non-Fast Track applications, we consider that the enhanced tier will represent an appropriate service for projects that require or would benefit from system-wide coordination and support. These projects may be very complex, giving rise to likely examination issues which are numerous and less commonly considered by Examining Authorities.
For applicants seeking a Fast Track procedure, the enhanced tier service must be subscribed to in order to engage the Quality Standard test and potentially qualify for a four-month examination. This requirement is established in government’s 2024 National Infrastructure Planning Guidance about the Fast Track process.
What are the detailed arrangements for each service tier?
The table below establishes the detailed offering associated with the three service tiers available for applications. To engage our services applicants are requested to subscribe to one of the tiers at the pre-application stage of the process. We consider the basic tier to broadly align with our statutory duties in pre-application services (eg accommodating EIA screening and/ or scoping) with our levels of input increasing at the standard and enhanced tiers. Information about transitional arrangements, including for applicants that have already held an Inception Meeting with us prior to 16 May 2024.
Paragraph: 006 Reference ID: 1-006-20240516
Revision date: 16 05 2024
TIER 1: BASIC
Cost to the applicant (further information about cost recovery)
£62,350 per year of service
Suitable projects
Very experienced applicants, low-complexity projects, with an up-to-date relevant National Policy Statement(s) in place, no or limited compulsory acquisition, and where the likely examination issues are few and commonly considered by Examining Authorities.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties only including section 51 advice and EIA screening/ scoping.
Section 51 advice
Advice normally limited to signposting to existing written resources including published advice, guidance and precedents established in other cases.
Meetings and interactions
Meetings with the Planning Inspectorate available to applicants at essential milestones only (maximum three meetings per annum) comprising:
- Inception Meeting
- Post-section 42 consultation meeting
- Pre-submission meeting
In all service tiers, the occurrence of additional meetings (ie over the maximum occurrences per annum stated) may be agreed on a needs basis. Planning Inspectorate not available for involvement in multiparty forums, including Evidence Plan process. No Examining Inspector involvement in pre-application advice.
Draft documents
No access to Planning Inspectorate draft documents review service.
Acceptance and post-submission risk
Risk review at outset, in conjunction with decision to proceed with basic tier offer.
Additional features
None
TIER 2: STANDARD
Cost to the applicant (further information about cost recovery)
£126,050 per year of service
Suitable projects
Potentially any project, apart from projects seeking qualification for a Fast Track procedure for which an enhanced tier service is prerequisite.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties and supporting the preparation of applications which are:
- Capable of being accepted for examination; and
- capable of being examined within the statutory six-month maximum.
Applicants may choose to develop one or more of the supplementary pre-application components listed in the enhanced tier offer in order to optimise their application but will not receive focused support from the Inspectorate.
Section 51 advice
Issuing of procedural advice to support programme and advice to assist progression and/ or resolution of likely examination issues prior to submission.
Meetings and interactions
Meetings with the Planning Inspectorate available to applicants at key milestones, as requested/ required by applicant (maximum six meetings per annum), including:
- Inception Meeting
- Post-Scoping, pre-section 42 consultation meeting
- Post-section 42 consultation/ post- Preliminary Environmental Information Report meeting
- Draft documents feedback meeting
- Pre-submission meeting
- Multiparty meetings (see below)
In all service tiers, the occurrence of additional meetings (ie over the maximum occurrences per annum stated) may be agreed on a needs basis.
Offer of Planning Inspectorate involvement in non-Evidence Plan multiparty forums, where agreed, in observer/ advisory role. More information about multiparty meetings.
Offer of Planning Inspectorate involvement in Evidence Plan process, where agreed, in observer/ advisory role. More information about the Evidence Plan process.
Examining Inspector involvement in some elements of pre-application advice.
Draft documents
Standard draft documents review service available to applicants. Documents included in standard tier review service. Examining Inspectors support review of draft DCO and Explanatory Memorandum.
Acceptance and post-submission risk
Iterative risk review at key milestones.
Additional features
None
TIER 3: ENHANCED
Cost to the applicant (further information about cost recovery)
£208,850 per year of service
Suitable projects
Projects seeking qualification for a Fast Track procedure.
OR
Novel or very complex/ cross-sector interests where likely examination issues are numerous and less commonly considered by Examining Authorities, not seeking Fast Track Consent but requiring or benefitting from system-wide coordination and support.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties and performing an enhanced role supporting the preparation of applications which are optimised to facilitate an efficient and effective route to decision, with potential for certain projects to qualify for a Fast Track procedure. Supplementary pre-application components supportable by the Planning Inspectorate to optimise applications include:
- Evidence Planning
- Pre-application PADSS
- Policy Compliance Document
- Design Approach Document
- Outline control documents
- Multiparty meetings (non-Evidence Plan)
- Preparation of Compulsory Acquisition and Temporary Possession evidence
- Preparation of evidence to support the Public Sector Equality Duty
- Multiparty application readiness gate-check (trial)
Some supplementary pre-application components are required for applications seeking a Fast Track procedure. The Annex to this Prospectus gives details in relation to the development of supplementary pre-application components, including the value they are expected to add, and identifies those which are required for applications seeking a Fast Track procedure.
Section 51 advice
Issuing of procedural advice to support programme and advice to assist progression and/ or resolution of likely examination issues prior to submission, including on a pre-emptive basis in accordance with increased Planning Inspectorate exposure to pre-application evidence.
Meetings and interactions
Where requested by the applicant, and agreed by the Planning Inspectorate, topic-based meetings with the Planning Inspectorate in addition to meetings at key milestones identified in standard tier offer (maximum nine meetings per annum). In all service tiers, the occurrence of additional meetings (ie over the maximum occurrences per annum stated) may be agreed on a needs basis. Offer of Planning Inspectorate involvement in non-Evidence Plan multiparty forums, where agreed, including at the Adequacy of Consultation Milestone. This may be in a chairperson or facilitator role. More information about multiparty meetings. Offer of Planning Inspectorate involvement in Evidence Plan process, where engaged as agreed, as facilitator. More information about the Evidence Plan process. Enhanced Examining Inspector involvement in pre-application advice, including potential deployment as facilitator in multiparty forums.
Draft documents
Enhanced draft documents review service available to applicants, which may consider more than one draft iteration of documents over time, as agreed in the pre-application Programme Document, including:
- Documents reviewable under standard tier
- Documents associated with supportable components listed above
Documents included in enhanced tier review service.
Examining Inspectors available to support review of all draft documents.
Acceptance and post-submission risk
Iterative risk review, including affected statutory bodies and local authorities.
Additional features
For applications seeking a Fast Track procedure, support from the Planning Inspectorate to prepare an application that is capable of satisfying the Quality Standard established in government’s 2024 National Infrastructure Planning Guidance about the Fast Track process.
Paragraph: 007 Reference ID: 1-007-20240516
Revision date: 16 05 2024
The Inception Meeting
For the Inspectorate, the pre-application stage of the process begins with the applicant’s first organised interaction with us at an Inception Meeting. Although the Inception Meeting represents the start of the pre-application process for the purposes of monitoring the timeframe for pre-application, the applicant will have been initialising its project, including through early engagement with relevant statutory bodies and local authorities, prior to this meeting over varying timescales.
The Inception Meeting will feature an introduction by the applicant to the Proposed Development, confirmation of its requested service tier and presentation of its proposed programme for pre-application activities in a Programme Document. The Inception Meeting also marks the point at which invoicing for the Inspectorate’s pre-application services will commence. Further information about the charges for our pre-application services.
It is expected that prior to the Inception Meeting, the applicant will have interacted with relevant statutory bodies and local authorities to explore, and where possible agree, the scope of services required to support the requested service tier and the proposed programme of pre-application activities. It will also be necessary for applicants to have established contact with the Inspectorate prior to the Inception Meeting to provide essential basic project information and to prepare the agenda for the meeting.
The tier of pre-application support provided will be agreed between the applicant and the Inspectorate at, or within a maximum of 28 days following, the Inception Meeting. To inform this agreement the applicant must notify the following basic information to us at least 14 days before the Inception Meeting is scheduled to take place:
- Basic information about the project including details of the applicant, the location of the project and a high-level description of the proposed development.
- The applicant’s provisional opinion on the appropriate service tier.
- A Programme Document covering pre-application activities from the Inception Meeting to the submission of the application. It is accepted that there may be some uncertainty around elements of detail in this first iteration pre-application Programme Document.
At the Inception Meeting, the applicant will elaborate on the basic information provided to inform agreement on the appropriate service tier. This will include a detailed description and explanation of the activities and predicted timescales established within the pre-application Programme Document. The detailed project description will include such elements as an outline of the main environmental issues/ constraints and the extent of any compulsory acquisition powers sought in relation to the project. The Inspectorate may ask clarifying questions about the information provided by the applicant and may ask for further information to inform identification of the appropriate service tier. The agreed tier will be kept under review throughout the pre-application stage and, if circumstances change, the applicant may be advised on the basis of risk to change its subscription to an alternative tier. Further information about changing subscription.
It is assumed that, based on the facts of the case, the Inspectorate and the applicant will normally agree on the appropriate pre-application service tier. In circumstances where there is disagreement, the Inspectorate’s view will be final. We will only ever exercise this policy where we consider that a lower tier service is appropriate for the application in question. We will inform the applicant of our decision, with reasons, and will publish any associated advice under section 51 of the PA2008.
Paragraph: 008 Reference ID: 1-008-20240516
Revision date: 16 05 2024
Primary service features
Across all three tiers of pre-application service, all applicants are expected to engage the following five primary service features. We consider that these features are fundamental general requirements for improved service, certainty and outcomes:
1. Programme Document
The production and maintenance, by the applicant, of a pre-application Programme Document setting out the main steps that the applicant anticipates taking during the preparation of the application. This document will be introduced by the applicant at the Inception Meeting and its development and maintenance monitored by the Inspectorate throughout the pre-application stage. A public version of the pre-application Programme Document must be published on the applicant’s website.
Updates to the pre-application Programme Document should be communicated by the applicant proactively, with a clear description of the potential impacts on the requested services of the Inspectorate, relevant statutory bodies, local authorities and other stakeholders provided. A reliable view of programmes across the NSIP portfolio is essential to enable these actors to resource and support the pre-application service effectively. In preparing and making updates to the pre-application Programme Document, we expect applicants to be responsive and reasonable in tailoring programmes to support the engagement of statutory bodies and local authorities where required.
2. Issues Tracker and Potential Main Issues for the Examination
The production and maintenance, by the applicant, of an Issues Tracker throughout the pre-application stage. The expectation is for applicants to be upfront about issues and who they affect. The Issues Tracker should be made available for regular review by the Inspectorate, affected statutory bodies and local authorities in order to encourage dialogue and, where possible, achieve resolution. The degree of risk associated with each issue identified in the tracker should be allocated a ‘RAG’ (red, amber, green) status. The Issues Tracker may be sustained into post-submission stages subject to the discretion of the appointed Examining Authority.
The issues tracking process will culminate in a list of Potential Main Issues for the Examination (PMIE) which will be entered into the examination as an application document. The PMIE should be a short document which, where possible, is agreed by relevant statutory bodies and local authorities. It is entirely separate from the later Initial Assessment of Principal Issues (IAPI) developed by the appointed Examining Authority, but may, per any evidence within the application documentation, influence the content of the IAPI. The function of the PMIE (along with PADSS) is to demonstrate that there are sufficiently few and uncomplex residual issues to potentially allow for a four-month examination to be timetabled (in Fast Track procedure cases) and/ or to facilitate more robust preparation for examination and a smoother and more proportionate examination experience for all parties. In the enhanced tier service, a multiparty meeting may be convened by the applicant to assist finalisation of the PMIE.
How the Issues Tracker, PADSS, PMIE and Statements of Common Ground interact
3. Advice Log
Engagement in the Inspectorate’s production of an Advice Log to replace meeting notes as a record of interactions between us and the applicant. Trials of the Advice Log approach have proved it to be an effective mechanism to streamline the way in which we record advice and free-up resources (both internal and external) to deal with other elements of the pre-application process which focus on improving the quality of the emerging application. The Advice Log is owned and maintained by the Inspectorate. After each meeting with the applicant, we will seek comments on drafting within the Advice Log from the applicant prior to publication on Find a National Infrastructure Project. The applicant will use the Advice Log as the basis for demonstrating regard to section 51 advice within the application (see 5, below).
4. Adequacy of Consultation Milestone
Engagement in a pre-submission Adequacy of Consultation Milestone (AoCM) intended to allow early consideration of the adequacy of consultation undertaken by the applicant and minimise risk at the acceptance stage. The AoCM should be programmed to occur early enough to enable applicants to consider how to undertake any additional engagement that may be needed, but sufficiently towards the end of the pre-application stage to assess the adequacy of the consultation that has been done. To inform the AoCM, the applicant will make a written submission to the Inspectorate which establishes the consultation undertaken to date, confirms the approaches set out in the Statement of Community Consultation, and summarises the consultation responses and the way in which they are shaping the application. Importantly, it should include the views and any relevant supporting material from local authorities if available. The written submission will be published on the relevant project page on Find a National Infrastructure Project.
The AoCM and associated activities will be established in the applicant’s pre-application Programme Document. In the enhanced tier service, where requested and required, an additional multiparty meeting, chaired/ facilitated by the Inspectorate, will be made available to discuss the AoCM submission including the views from local authorities.
5. Demonstrating regard to advice
The production of evidence, presented within the Consultation Report accompanying the submitted application, demonstrating the applicant’s regard to the advice that the Inspectorate and affected statutory bodies have issued during the pre-application stage. This should highlight amendments to the application arising from advice received, and similarly provide justification where advice received has not led to an amendment to the application. This new requirement is expected to give rise to better evidence to support the applicant’s case for compliance with Part 5, Chapter 2 of the PA2008, and give better confidence to the stakeholder system that the applicant has taken account of the statutory advice received and made reasonable efforts to submit an application that is in an optimised condition for post-submission stages, including the examination.
Paragraph: 009 Reference ID: 1-009-20240516
Revision date: 16 05 2024
Facilitation within the enhanced tier service
There are sometimes occasions when disagreement between an applicant and a key consultee about a certain aspect of a project can mean that progress is difficult to achieve. If such disagreements are not resolved during the pre-application stage, and the application is subsequently accepted, this could present challenges to everyone during the time-limited post-submission stages. There are also times when, for example, resource constraints within a statutory body may limit the amount of advice and engagement that can be offered to an applicant. This can result in project delays at the pre-application stage. Where this is the case, or to seek to prevent this from happening, within the enhanced tier service the Inspectorate can have a role in helping to facilitate a way forward. More information about our interaction with the services of statutory bodies.
Our role as facilitator
For projects engaged in the enhanced tier service we are able to facilitate multiparty round table meetings, including within Evidence Plan processes, with a view to optimising the evidence being prepared to support an application and/ or tackle potential blockages in the process to move an application forward. Typically, such meetings may involve the Inspectorate, applicant, relevant local authority and/ or any other relevant statutory bodies and will be undertaken on a ‘virtual first’ basis. This means that we will attend/ facilitate within multiparty forums via Microsoft Teams (or equivalent). ‘In person’ attendance may be considered where circumstances are clearly justified in the interests of the process. In accordance with our statutory duty under section 51 of the PA2008, any advice that we issue at a multiparty meeting will be published on the relevant project page on Find a National Infrastructure Project. A draft of the advice will always be shared with the meeting participants for comment before publication.
Where it is agreed that we will adopt a facilitator role, we will aim to promote adherence to the agreed terms of reference, and to be fair, balanced and objective in our consideration of the issues. We will encourage productive discussion through interpretation of points raised by participants, the clarification and summarising of positions and active and open-ended questioning. In our role as a facilitator, we will communicate in terms of the risk that positions pose for acceptance, examination, recommendation and where applicable admission to a Fast Track procedure, and will work with parties to identify actions to overcome barriers to resolving issues. Where certain issues are not able to be fully resolved, we will encourage parties to narrow and focus specific areas of disagreement prior to submission of the application in order to allow for a more efficient and effective use of time at post-submission stages.
Paragraph: 010 Reference ID: 1-010-20240516
Revision date: 16 05 2024
Types of multiparty forums
Multiparty meetings within the Evidence Plan process
An Evidence Plan is an optional way to agree and record the information the applicant needs to supply to the Inspectorate when applying for a DCO so that environmental issues arising from multiple assessments (for example EIA, HRA and/ or Flood Risk Assessments) within the application can be efficiently identified, tracked, discussed and progressed. This process can lead to a smoother examination as it provides the opportunity for all parties to agree and provide certainty on proportionate assessments and for issues to be agreed outside the constraints of statutory timeframes.
The option to request and agree an Evidence Plan is available to all applicants for proposed NSIPs that are in England, or England and Wales, and are entering the pre-application stage. It is an optional process, and resource constraints within a consultee body may limit the amount of advice and engagement they are able to provide. To oversee and monitor the progress of Evidence Plans during the pre-application stage, steering groups are formed which are able to agree/ sign off any issues that arise from Expert Topic Groups. Expert Topic Groups are formed of technical specialists who agree methodological and analytical assessment approaches. Both groups consist of attendees from the applicant and relevant statutory bodies. The Inspectorate can attend where requested and agreed. More information about the Evidence Plan process is set out in our Advice Pages.
The Inspectorate’s structure and working principles for Evidence Planning, and the details of the approach, are to be developed in discussion between the Inspectorate, the applicant and relevant statutory bodies. Before we can begin engaging with the Evidence Plan process, we must have been provided with the applicant’s pre-application Programme Document including the proposed activities and timeframes associated with the process. We must also have been given an opportunity to review and agree the applicant-owned terms of reference for the Evidence Plan process. We will issue standard text establishing our role for the applicant to insert.
Our involvement in the Evidence Plan process will be available to applicants within the standard tier and enhanced tier service, as set out below. Meetings undertaken within the Evidence Plan component are in addition to the maximum annual service meetings, but do not attract additional charges within the parameters of the table below. Some statutory bodies will charge for engagement in an Evidence Plan process. Similarly, local authority participation may be governed by the terms of any Planning Performance Agreement (PPA) that is in place.
TIER 2: STANDARD
What is the Inspectorate’s role?
Observer only. The Inspectorate will provide high level advice on the implications of discussions held. We will review one iteration of the applicant’s notes of the meeting which are to be circulated within five working days of the meeting.
How will the Inspectorate attend?
How many meetings can the Inspectorate attend?
Up to five meetings. The Inspectorate’s attendance at these five meetings can be a mix of steering group and Expert Topic Group meetings. The applicant, in conjunction with relevant statutory bodies, will advise us accordingly.
What is the required notice period for meetings and the information required?
The schedule of Evidence Plan activities (including meetings) should be provided to the Inspectorate before the process formally begins, within the pre-application Programme Document. For any additional meetings, in order to resource attendance and make appropriate preparations, we require a minimum of six weeks’ notice to participate.
A minimum of ten working days prior to each meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting. This information should be adequately detailed, including key assumptions and evidence in support of any proposed approach/ conclusion.
Who will attend from the Inspectorate?
The Inspectorate’s Environmental Services Team.
How will the Inspectorate engage with the SNCBs out of project-specific Evidence Plan meetings?
The Inspectorate will be available to engage with the relevant statutory bodies to discuss progress in the resolution of issues, including how our engagement could be of assistance.
TIER 3: ENHANCED
What is the Inspectorate’s role?
Observer and/ or facilitator as required. As a facilitator, the Inspectorate will actively engage to progress the resolution of outstanding issues and take actions away. We will review one iteration of the applicant’s notes of the meeting which are to be circulated within five working days of the meeting.
How will the Inspectorate attend?
Maximum number of five in-person meetings per annum (can be a mix of steering group and Expert Topic Group meetings). All other meetings will be attended virtually.
How many meetings can the Inspectorate attend?
Up to eight meetings. The Inspectorate’s attendance at these eight meetings can be a mix of steering group and Expert Topic Group meetings. The applicant, in conjunction with relevant statutory bodies, will advise us accordingly.
What is the required notice period for meetings and the information required?
The schedule of Evidence Plan activities (including meetings) should be provided to the Inspectorate before the process formally begins, within the pre-application Programme Document. For any additional meetings, in order to resource attendance and make appropriate preparations, we require a minimum of six weeks’ notice to participate.
A minimum of ten working days prior to each meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting. This information should be adequately detailed, including key assumptions and evidence in support of any proposed approach/ conclusion.
Who will attend from the Inspectorate?
The Inspectorate’s Environmental Services Team and/ or an Examining Inspector, dependent on stage in the process and agenda items/ issues being discussed.
How will the Inspectorate engage with the SNCBs out of project-specific Evidence Plan meetings?
In addition to the offer at the standard tier, where issues are identified, the Inspectorate may proactively engage the relevant statutory bodies to understand the issues in greater detail and offer advice on implications.
Multiparty meetings outside of the Evidence Plan process
It may be appropriate for the Inspectorate to be involved in multiparty meetings outside of an established Evidence Plan process, either because an Evidence Plan process has not been engaged in relation to a particular project, or because the subject or issue for discussion at the meeting is not directly related to an environmental matter covered within the scope of the Evidence Plan. We may attend such a multiparty party meeting either on an observer/ advisory basis within the standard tier service, or in a facilitator or chairperson role within the enhanced tier service. Our involvement will be determined in discussion with the applicant, affected statutory bodies and/ or local authorities. Inspectorate involvement in multiparty meetings is not available to applicants which have subscribed to the basic tier service.
Who can attend a multiparty meeting?
Local authority officers, the applicant, the Inspectorate, relevant statutory bodies, other interest groups. Some statutory bodies will charge for attendance at such meetings. Similarly, local authority participation may be governed by the terms of any PPA that is in place.
When should a multiparty meeting take place?
Depending on the project, a multiparty meeting could be held before the applicant starts statutory consultation or following close of the final round of section 42 consultation. The timing of a multiparty party meetings will be optimised based on the facts of individual cases, including the theme or issue for discussion. A multiparty meeting can be requested by the applicant, affected statutory bodies or local authorities. Where a multiparty meeting is requested to take place, the requesting party must provide clear reasons, purpose and intended outcomes. The final decision on whether a requested multiparty meeting will be convened will always rest with the applicant.
How many multiparty meetings can the Inspectorate attend?
The number of multiparty meetings available for applicants to request the Inspectorate to attend is included in the total number of meetings per annum applicants are entitled to in each tier.
What notice of meetings is required by the Inspectorate and what information is required?
In order to resource attendance and make appropriate preparations, we require a minimum of six weeks’ notice to participate.
A minimum of ten working days prior to a multiparty meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting.
How are multiparty meetings held?
In a roundtable format, held on a ‘virtual first’ basis.
Who will attend from the Inspectorate?
The Inspectorate’s Case Team and/ or Environmental Services Team and/ or an Examining Inspector, dependent on stage in the process and agenda items/ issues being discussed.
What is the purpose of multiparty meetings?
To understand:
- What the process requires of each party and to agree response timings;
- any issues that are potentially difficult to achieve agreement on during the pre-application stage;
- what the implications of any unresolved issues are for the parties and for the statutory process;
- what action is required by relevant parties prior to submission of the application and what the timescale is for addressing particular issues; and/ or whether all parties are prepared for the acceptance post-submission stages.
Paragraph: 011 Reference ID: 1-011-20240516
Revision date: 16 05 2024
Review of draft application documents
In the standard and enhanced tier services the Inspectorate can review certain draft application documents during the pre-application stage. There is not access to a draft documents review service within the basic tier service.
Draft documents review allows us to give advice about the standard of the documentation, any aspects that may need clarification and any procedural omissions prior to submission. It also helps us to understand more about the proposed application and to prepare for the submission so that we can deal with the application within statutory timeframes, and potentially faster.
Experience has shown that our review of draft documents can help to avoid possible problems before they arise, resulting in a smoother experience at post-submission stages for the applicant and other Interested Parties. Our approach to reviewing draft application documents is set out in the table below.
Which draft documents can the Inspectorate review?
The Inspectorate can review the following draft application documents within the standard tier service:
- Draft DCO, including protective provisions and/ or draft deemed marine licence(s)
- Draft DCO Explanatory Memorandum
- Draft sample Works Plans and Land Plans
- Draft Consultation Report including section 42 consultee list
- Draft HRA report
- Draft Environmental Statement project description chapter(s)
- Draft Planning Statement
- Draft Book of Reference
- Draft Statement of Reasons
- Draft Funding Statement
In addition to the draft documents that can be reviewed in the standard tier service, in the enhanced tier service the following draft documents can also be reviewed:
- Draft DCO control documents eg Draft Outline Construction Environmental Management Plan
- Drafting associated with key issues and/ or novel approaches within the draft Environmental Statement
- Draft Policy Compliance Document
- Draft Design Approach Document
- For relevant projects, draft Fast Track Admission Document
What is the Inspectorate unable to review?
The Inspectorate is unable to review draft Environmental Statements in their entirety due to the size of documents. Applicants are encouraged, however, to share draft chapters of the Environmental Statement with relevant statutory bodies and local authorities at the pre-application stage.
When should draft documents be prepared and how long does the review stage last?
Applicants are encouraged to start preparing application documents sufficiently early (for example before statutory consultation). Standard and enhanced tier applicants should carefully consider the best time to provide draft documents to us. The more complete the documents are when provided to us, the more thorough our advice can be. This needs to be balanced against seeking advice on key elements sufficiently early to frame and shape project development.
Due to the volume of material, standard and enhanced tier applicants must allow sufficient time for the Inspectorate to review draft documents. The submission of draft documents must be established in the applicant’s pre-application Programme Document, allowing six weeks for the Inspectorate to review the documents and provide feedback. This may be shorter or longer depending how complex and novel a project or the issues it raises might be, subject to our agreement.
Standard and enhanced tier applicants must provide sufficient time to allow for the Inspectorate’s comments on draft documents to be reflected in the final form of the submitted application. This is essential in relation to the requirement for applicants to demonstrate regard to the Inspectorate’s pre-application advice in the Consultation Report.
Who reviews draft documents?
Within the standard tier service, draft document reviews will generally be undertaken by suitable persons within the allocated project team at the Inspectorate. The review of the draft DCO and draft Explanatory Memorandum will be undertaken by an Examining Inspector(s).
Within the enhanced tier service, draft document reviews will be undertaken by the project team with support across the suite of documentation by an Examining Inspector(s).
How is advice on draft documents given?
Normal practice is to give advice on draft documents in writing. This written note (recorded within the Advice Log then forms the agenda at a subsequent meeting at which the applicant can seek clarifications about the written advice issued by the Inspectorate. In some circumstances we can take a different approach, to be agreed between the applicant and ourselves. In all cases, our advice on draft application documents is published.
Who else should the applicant share draft documents with?
All applicants, including those within the basic tier service, are expected to share relevant draft application documents with key stakeholders, enabling those stakeholders to provide a response, outlining any areas of concern or disagreement. This can be carried out as part of an applicant’s consultation under section 42 of the PA2008 and/ or at other appropriate points established in the pre-application Programme Document.
For example, as a minimum, we would expect relevant provisions within the draft DCO to be shared with any party specifically affected by them, including those responsible for the discharge or enforcement of requirements, and those affected by any protective provisions. The expectation is that as many matters as possible are agreed with those directly affected by the drafting of the DCO prior to submission of the application.
We also expect applicants to share draft Environmental Statement chapters with statutory bodies, local authorities and other relevant stakeholders where they are aware that they may have substantial interests that may need addressing. Sufficient time should be established in the Programme Document for any requested responses to be reflected in the final form of the Environmental Statement.
Some statutory bodies will charge for advice given in response to draft documents. Similarly, local authority responses may be governed by the terms of any PPA that is in place.
Paragraph: 012 Reference ID: 1-012-20240516
Revision date: 16 05 2024
The Fast Track procedure and the Quality Standard
Government has established a new policy framework which will allow some NSIPs to be capable of receiving a decision within 12 months from the point at which the application is accepted for examination. To realise this timeframe, applicants may apply to the Inspectorate to be considered for a Fast Track procedure. Admission to a Fast Track procedure will require the application to be examined in a statutory maximum period of four months. Under conventional PA2008 timescales the statutory maximum period for the examination is six months.
Whilst the Inspectorate will have control of delivering examinations in a maximum of four months, and producing a recommendation within two and a half months, achieving the 12 months target set by government will also require:
- Substantial investment by the applicant, set out below, including a commitment, for elements within its control, to minimise the duration of the pre-examination stage to a maximum of three months;
- investment in the shortened timescales by affected statutory bodies and local authorities throughout pre-application and post-submission stages, including the examination; and
- the relevant Secretary of State in each case to uphold a non-statutory commitment to produce its decision on whether development consent should be granted within two and a half months.
Applicants wishing to put their projects forward for a Fast Track procedure will need to demonstrate that their application meets the Quality Standard set out in government’s 2024 National Infrastructure Planning Guidance about the Fast Track process.
Preparing an application to be considered for a Fast Track procedure
Before deciding whether to apply for a Fast Track procedure, applicants should consider carefully whether this consenting strategy is appropriate and realistic in relation to the project they are promoting. Considerations in this respect will include, amongst other things:
- The novelty and complexity of likely issues associated with the application and the likelihood of those issues being resolved at pre-application, and/ or within shorter post-submission process timeframes;
- whether the application is likely to give rise to change requests post-submission;
- the levels of local, national and cross-sector interest in the project; and
- the status of any relevant National Policy Statement(s).
The applicant’s interest in a Fast Track procedure should be established at the Inception Meeting at which the Inspectorate will provide advice to the applicant in relation to the suitability of its application for a Fast Track procedure, including consideration of the required interactions with affected statutory bodies and local authorities.
The applicant’s interest in a Fast Track procedure should be established at the Inception Meeting. To inform the Inception Meeting, the applicant must establish within its pre-application Programme Document the main matters that, to qualify for a Fast Track procedure, the applicant will need to cover in addition to the normal pre-application requirements. For applicants seeking to qualify for a Fast Track procedure, the pre-application Programme Document must include:
- an indicative programme setting out the keys steps in the preparation of the Fast Track procedure application to the point of submission;
- a summary of the policy context for the application;
- the potential issues that require input from statutory bodies, including for relevant projects an indicative Evidence Plan process timetable;
- for relevant projects, an indicative programme for the preparation of an Information to Inform Habitats Regulations Assessment Report, with endorsement by the relevant statutory nature conservation body;
- a clear position on, and activities to support, the intended design approach and level of detail likely to be provided in the final application;
- activities relating to the development of, and engagement on, key application documents including the draft DCO and Explanatory Memorandum; and
- details of any licencing requirements or non-planning consents not included in the draft DCO that are needed.
The Inspectorate will continue to provide advice on the suitability of the application for a Fast Track procedure as the pre-application programme develops.
Following the Inception Meeting, and as established within the pre-application Programme Document, an applicant seeking to qualify for a Fast Track procedure must discharge the following procedural steps:
- Subscribe to use the Inspectorate’s enhanced tier pre-application service;
- within its PA2008 section 42, section 47 and section 48 statutory notification and consultation materials, provide written confirmation/ notification of its intent or potential to apply for a Fast Track procedure;
- prior to statutory consultation, publicise its programme of relevant activities, milestones and dependencies (required for both Fast Track and non-Fast Track procedures), ensuring transparency and meaningful engagement in progress towards meeting the Quality Standard; and
- provide a Fast Track Admission Document accompanying the application submission, setting out how in the applicant’s view the application satisfies the Quality Standard.
Demonstrating satisfaction of the Quality Standard
The Quality Standard test is applied by the Inspectorate, on behalf of the Secretary of State, during the 28-day Acceptance stage. A provisional decision on the application’s suitability for a Fast Track procedure is made at the same time as the Acceptance decision. The non-statutory decision on the suitability of the application for a Fast Track procedure, and the Quality Standard test, is entirely independent of the decision and tests relating to the acceptance of the application under section 55 of the PA2008. On this basis, affected applicants will receive two separate decisions; the application may be accepted for examination but refused entry to a Fast Track procedure.
The Fast Track Admission Document is not in a prescribed format but must clearly evidence how the main and supplementary tests comprising the Quality Standard are satisfied, including how each of the required supplementary components for a Fast Track procedure have contributed. As part of this, in support of the main test, the Fast Track Admission Document must include as appendices the PADSS produced by relevant consultees. This will allow the conclusions drawn by the applicant within the Fast Track Admission Document to be verified by the Inspectorate. The document is also expected to include as an appendix a Policy Compliance Document
Within the enhanced tier pre-application service, the applicant will receive focused support from the Inspectorate in preparing actions and evidence to support satisfaction of the Quality Standard, including the Fast Track Admission Document.
The Fast Track procedure decision
If having considered the Fast Track Admission Document and supporting evidence the Inspectorate considers that the application satisfies the Quality Standard, we will issue a decision to the applicant confirming provisional admission to a Fast Track procedure. A Fast Track procedure, however, cannot be confirmed until the appointed Examining Authority has received and considered all Relevant Representations later in the pre-examination stage. This establishes an essential opportunity for the Examining Authority to be satisfied that new evidence within the Relevant Representations would not prevent the application from being examined in a maximum of four months. After the Examining Authority has considered the Relevant Representations, the Inspectorate will issue a final decision about whether the application will be progressed through a Fast Track procedure.
If the application is endorsed for a Fast Track procedure, the Examining Authority will develop a draft up to four-month examination timetable in accordance with Rule 6 of the Examination Rules. If the application is not endorsed for a Fast Track procedure, the Examining Authority will develop a draft up to six-month examination timetable in accordance with conventional statutory timeframes. Within conventional statutory timeframes, the ExA’s discretion to complete the examination in less than six months is always retained. Our Advice Pages provide information about the preparation of the draft examination timetable.
Preparing for a Fast Track procedure and the decision process
Paragraph: 013 Reference ID: 1-013-20240516
Revision date: 16 05 2024
Recovering the cost of our pre-application services
In order to meet government’s policy objective of cost recovery in NSIP service provision, applicants will be charged for the pre-application services described in this Prospectus. The Infrastructure Planning (Fees) Regulations 2010 have been amended by The Infrastructure Planning (Fees) (Amendment) Regulations 2024 to insert Regulation 2A which enables cost recovery for pre-application services provided by the Inspectorate on behalf of the Secretary of State. Government’s 2024 National Infrastructure Planning Guidance about cost recovery should be read in conjunction with the legislation and this Prospectus.
The charges below are reflective of the anticipated days and mix of input required by the Inspectorate to deliver each tier of service, including Inspector, support staff and overhead costs and, as appropriate, a waiver in part using the relevant day rate figure stated in The Infrastructure Planning (Fees) (Amendment) Regulations 2024.
| Service tier | Cost to the applicant | Level of support | Number of days charged at 63% of relevant day rate (£1,450) (waiver in part) | Number of days charged at full relevant day rate (£2,300) |
|---|---|---|---|---|
| TIER 1: BASIC | £62,350 per year of service | Support + Overheads | 43 | 0 |
| TIER 2: STANDARD | £126,050 per year of service | Support + Overheads + Inspector | 79 | 5 |
| TIER 3: ENHANCED | £208,850 per year of service | Support + Overheads + Inspector | 125 | 12 |
In accordance with Managing public money - GOV.UK (www.gov.uk), the Inspectorate cannot make profit on the overall services we provide. The charges applied relate solely to the work of the Inspectorate and not any pre-application support provided to the applicant by other organisations. The charges will be reviewed periodically and subject to adjustment in line with consumer price index annually and the Fees Regulations amendments. We will review the levels of service and the cost of the service to applicants periodically.
We will raise invoices in advance in order to resource the service, typically twice a year, in April and October. Where an applicant joins the pre-application service mid-way through any invoicing period, charges will be applied pro rata for that period on a whole month basis.
In the event of non-payment, we will not provide the pre-application service as otherwise agreed with the applicant. This includes activities relating to the preparation and issuing of a Scoping Opinion. Applicants are encouraged to refer to the timescales set out in this Prospectus and ensure that their Programme Document allows adequate time between the Inception Meeting and submission of a Scoping Request for:
- agreement on the service tier to be confirmed;
- the invoice and notification to be issued by the Inspectorate; and
- payment to be received by the Inspectorate.
Applicants are asked to keep the Inspectorate informed on the initiation and progress of payments throughout this process.
We understand that depending on the maturity of the proposed project, some applicants may want to embark on a lower-level tier service at the Inception Meeting prior to moving into a different tier as the project evolves. We would expect any applicant to provide at least three months’ notice of any desire to change tier and the likelihood and timing of this would be expected to be identified in the associated pre-application Programme Document. We cannot guarantee that such requests to move up a tier will be agreed in light of likely competing demand for service provision but will accommodate where possible. Applicants are therefore advised to consider their intended approach to pre-application support carefully and in consultation with the Inspectorate, relevant statutory bodies and local authorities as early as is practicable. Any agreed uplift in service provision will be chargeable in advance and this will be on a whole month basis.
In line with government’s 2024 National Infrastructure Planning Guidance about the Fast Track process, any applicant intending to submit an application which qualifies for the Fast Track procedure will be required to enter the enhanced tier service from the Inception Meeting through to submission of the application.
We will review the pre-application service over time and could agree with an applicant additional service offerings which may require a supplementary fee. Any supplementary service would be subject to the appropriate daily rate for the chosen pre-application service tier. It is unlikely that any additional service offerings will be available in the first year whilst the new process is being established.
Paragraph: 014 Reference ID: 1-014-20240516
Revision date: 05 12 2024
Interaction with the services of statutory bodies
The Inspectorate has good working relationships with the statutory bodies relevant to the PA2008 process and maintains regular contact about the issues arising from our collective experience, but it is not the role of the Inspectorate to ensure or monitor the performance of their pre-application services on behalf of the applicant and/ or the body’s parent government department.
The pre-application stage of the PA2008 process is driven by the applicant, but the quality of applications and the success of service reforms is dependent upon the performance of multiple actors within the PA2008 process, including statutory bodies. Some statutory bodies have an important role in advising applicants on the preparation of evidence to support applications. The services associated with this function are set out in separate resources owned and maintained by those statutory bodies and may have charges associated with them. It is for the applicant to access these resources and ensure that the required services of statutory bodies are programmed effectively through early and direct interactions with those bodies. All required or requested interactions with statutory bodies and local authorities should be established in the applicant’s pre-application Programme Document.
Paragraph: 015 Reference ID: 1-015-20240516
Revision date: 16 05 2024
Transitional arrangements
In order to establish the tier service preference of all current projects at the pre-application stage on Find a National Infrastructure Project, the Inspectorate will carry out an expression of interest exercise from late May 2024. Details of the expression of interest exercise, including what information is required to accompany responses, and the deadline for responses, will be sent to individual applicants directly.
The Inspectorate’s pre-application service tiers attract different levels of resource input from those involved in pre-application. As such, responses to the expression of interest will be considered carefully by the Inspectorate to understand, amongst other things, the demand placed on the capacity of its available resource. Equally, it is necessary to consider the resource capacity of key dependents including relevant statutory bodies. Applicants should be clear as to whether the likely level of support required from such organisations, specific to the project, has already been secured and if not, is realistically achievable for the desired tier.
The Inspectorate is not responsible for the co-ordination of pre-application resourcing across the system. Applicants should note that information submitted within the expressions of interest may be shared with relevant statutory bodies, particularly if seeking the enhanced tier service, for their own input. Going forward applicants should work with such bodies to agree and secure their capacity to support the preferred service tier in advance of entering into agreement with the Inspectorate.
All projects should expect to be confirmed within a service tier before the end of August 2024.
For projects that have not 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 October 2024.
For projects that have 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 all projects subscribing to the enhanced tier of pre-application service, charging will begin on 1 October 2024.
All system users should be aware that the services established within this version of the Prospectus are anticipated to evolve as they are matured and embedded in practices and procedures. On this basis, the Prospectus will be a flexible resource and subject to amendment and update as we continue to learn to optimise the process together.
Paragraph: 016 Reference ID: 1-016-20240516
Revision date: 16 05 2024
Contact information
If you are interested in finding out more about our pre-application services, please contact us. If you are a potential applicant and have not previously talked to us about your project, please contact us on 0303 444 5000 or at [email protected].
If you are an existing applicant and already have an identified Case Manager/ Operations Manager, please contact them to discuss how the changes to our pre-application services affect you. If you do not have an identified Case Manager/ Operations Manager, please contact us using the details provided above.
Paragraph: 017 Reference ID: 1-017-20240516
Revision date: 16 05 2024
Annex – Supplementary pre-application components
Planning Inspectorate support in the development of the supplementary pre-application components detailed in this annex is available to applicants that have subscribed to the enhanced service tier. Development of these components is expected to assist in optimising applications for smoother and potentially faster post-submission stages.
Enhanced tier applicants that are not seeking admission to a Fast Track procedure are not compelled to develop all of the supplementary components on offer, dependent upon the characteristics of the application in question. The suitability of individual components in relation to an application will be discussed with the Inspectorate at the Inception Meeting and confirmed at an early stage in the applicant’s programme.
Applicants seeking to qualify for a Fast Track procedure are encouraged to develop all supplementary components, but the components indicated in the table below are required:
| Supplementary component | Required for Fast Track? |
|---|---|
| Component 1: Evidence Planning | No |
| Component 2: Use of pre-application Principal Areas of Disagreement Summary Statements | Yes |
| Component 3: Production of Policy Compliance Document | Yes |
| Component 4: Production of Design Approach Document | Yes |
| Component 5: Production of mature outline control documents | Yes |
| Component 6: Use of multiparty meetings (non-Evidence Plan) | No |
| Component 7: Preparation of Compulsory Acquisition and Temporary Possession evidence | Yes |
| Component 8: Preparation evidence to support the Public Sector Equality Duty | Yes |
| Component 9: Multiparty application readiness gate-check (trial) | No |
Applicants that subscribe to the standard service tier may choose to develop one or more of the supplementary components listed below but will not receive the focused Inspectorate support described in this annex.
The value offer and roles in relation to the development of supplementary pre-application components
COMPONENT 1: Evidence Planning
An Inspectorate role in the development of an Evidence Plan can have a variety of positive effects on the experience and outcomes of the process. The value added through Inspectorate involvement is reflected in feedback from various statutory bodies which report that our engagement can positively influence interactions and the progression of issues. Establishing final, and where possible agreed, positions between the parties engaged in the Evidence Plan process can help to narrow and focus the issues that may require further consideration at post-submission stages, making for a smoother and potentially faster process for everybody involved.
The applicant’s role: To drive an optimised Evidence Plan where there are complex or substantial/ numerous environmental issues arising from the Environmental Impact Assessment, Habitats Regulations Assessment, Flood Risk Assessment etc. These issues/ disagreements should be identified, and the programme agreed with affected statutory bodies and local authorities as early as possible in the pre-application stage and shared with the Inspectorate. The process will be investigative, and solution/ agreement focussed. The final positions reached at the completion of the Evidence Plan should be reflected in the Issues Tracker.
The Inspectorate’s role: To provide facilitative support, including assisting/ advising where there are ongoing issues and/ or disagreements/ stalemates which may impact post-submission stages. More information in relation to the Inspectorate’s role in Evidence Planning.
COMPONENT 2: Use of pre-application Principal Areas of Disagreement Summary Statements
Pre-application Principal Areas of Disagreement Summary Statements (PADSS) provide a mechanism for consultees to present unfettered evidence to the pre-application process. Based on this evidence the Inspectorate can identify and explore key areas of disagreement with the applicant before the application is submitted. This will provide the applicant with an opportunity to provide clarifications and/ or take action, where appropriate, and to optimise how areas of disagreement are presented in the application. Pre-application PADSS can help to narrow and focus the issues that may require further consideration by an Examining Authority at post-submission stages, making for a smoother and potentially faster process for everybody involved.
The applicant’s role: To initiate pre-application PADSS with relevant consultees from the beginning of the pre-application stage. Pre-application PADSS are owned and authored by consultees. The expectation is for Pre-application PADSS to be periodically updated by consultees post-submission, contributing towards agreed Statements of Common Ground in reasonable advance of the Examination close. PADSS will supplement, not replace, the preparation of Statements of Common Ground. More information on the relationship between pre-application PADSS and Statements of Common Ground.
PADSS are designed to:
- Provide a record of the pre-application areas of disagreement from the perspective of the consultee; and/ or
- in relation to an application for a Fast Track procedure, assist the decision about whether the number and complexity of residual issues at the point of submission would preclude an application from achieving a robust examination within a maximum of four months.
PADSS should be prepared by consultees with areas of disagreement presented in priority order.
The applicant’s Issues Tracker must consolidate relevant areas of disagreement established in PADSS, enabling PADSS to also inform the Potential Main Issues for the Examination. Pre-application PADSS must be retrieved from affected consultees by the applicant and provided with the submitted application. For projects seeking admission to a Fast Track procedure, the PADSS will be provided as an appendix to the Fast Track Admission Document.
The Inspectorate’s role: To elevate the status of PADSS as key evidence informing pre-application interactions with the applicant. The Inspectorate will monitor and query the status of issues identified in PADSS with the applicant, and where appropriate consultees, in pre-application interactions.
COMPONENT 3: Production of Policy Compliance Document
The development by the applicant of a Policy Compliance Document (PCD) will establish a resource which may assist a variety of stakeholders, but it will have particular value for appointed Examining Authorities. We have heard from Examining Authorities that the presentation of policy evidence in the PCD format helps them to monitor the performance of the application against policy requirements and objectives in a systematic way, improving the post-submission experience for all. Applicants can expect that the development of a PCD may result in fewer written and oral questions to them and other Interested Parties concerning the policy case, allowing resources to be focused on other important areas of the examination.
The applicant’s role: To prepare a PCD to accompany its application. This is a separate document to the Planning Statement required in government’s 2024 National Infrastructure Planning Guidance about the pre-application process. The PCD will include itemised evidence for how the policy requirements established within any relevant National Policy Statement(s) (and/ or emerging drafts) and other important national and local policy documents are satisfied by the application. It should be approached section by section/ requirement by requirement and outline the applicant’s response with links to (a) evidence in the Environmental Statement, (b) the outcomes and (c) where they are secured.
Relevant consultees (including policy owners) should be asked by the applicant to input on the scope of the PCD during pre-application, with updates on its development provided to those consultees and the Inspectorate at appropriate intervals. The applicant will be frank/ upfront about policy issues with potential implications for post-submission stages, including the examination.
The Inspectorate’s role: To provide focused support in the applicant’s development of the PCD, including a draft PCD review service with relevant expert input. The Inspectorate will require updates from the applicant on its preparation of the PCD and will query input/ consensus from relevant consultees (including policy owners). The Inspectorate will maintain detailed advice concerning the preparation of PCDs and signpost to good example PCDs prepared for decided cases.
The Inspectorate will work with applicants to establish the different functions of the Planning Statement and the PCD in the course of their development.
COMPONENT 4: Production of Design Approach Document
The development by the applicant of a Design Approach Document (DAD) will assist the Examining Authority and Interested Parties to understand the preparation and evolution of the design case from project inception, providing important context for the design of the project presented in the final form of the application. We expect that the production of a DAD will assist Examining Authorities in considering the satisfaction of design-related policy requirements established in relevant National Policy Statement(s). Applicants can expect that the development of DAD may result in fewer written and oral questions to them, and other Interested Parties, concerning the design case, allowing resources to be focused on other important areas of the examination.
The applicant’s role: To prepare a DAD to accompany its application which sets out how the application satisfies design criteria in eg any relevant National Policy Statement(s) and best practice guidance. The DAD is a separate product to the Design Principles Statement (or equivalent), which is also typically provided by applicants in support of Nationally Significant Infrastructure Project applications. More information about the format and content of a DAD will be provided in our Advice Pages.
Relevant consultees (including policy owners) should be asked by the applicant to input on the scope of the DAD during pre-application, with updates on its development provided to those consultees and the Inspectorate at appropriate intervals.
The Inspectorate’s role: To provide focused support in the applicant’s development of the DAD, including a draft DAD review service with relevant expert input. The Inspectorate will require updates from the applicant on its preparation of the DAD and will query input/ consensus from relevant consultees. The Inspectorate will maintain detailed advice concerning the preparation of DADs and signposting to good example DADs prepared for decided cases.
The Inspectorate will work with applicants to establish the different functions of the Design Principles Statement (or equivalent) and the DAD in the course of their development.
COMPONENT 5: Production of mature outline control documents
The preparation of mature outline control documents to support the application submission, which are agreed by affected stakeholders, is likely to result in fewer written and oral questions for the applicant and other Interested Parties concerning the construction and operationalisation of the Proposed Development. We have heard from Examining Authorities that the provision of underdeveloped outline control documents with the application can demand substantial time and effort at post-submission stages to develop detail and resolve issues, complicating and potentially extending post-submission stages.
The applicant’s role: To prepare mature outline control documents to accompany its application. These should be consulted upon with relevant stakeholders in accordance with the agreed pre-application Programme Document. Control documents include any documents named within the draft Development Consent Order (DCO) (normally within Requirements) which provide specific and detailed practical controls on the Proposed Development eg Construction Environmental Management Plan and equivalents. Outline control documents should include, where applicable, a robust case for why elements of detail may be required to follow at later stages.
The Inspectorate’s role: To provide focused support in the applicant’s development of outline control documents, including a draft document review service in accordance with the agreed Programme Document. The Inspectorate will proactively seek updates from the applicant on preparation of outline control documents and query input/ consensus from relevant consultees.
COMPONENT 6: Use of multiparty meetings (non-Evidence Plan)
Multiparty meetings provide an opportunity for key issues to be considered in an open way and for actions towards resolution prior to submission to be identified and, where possible, agreed and discharged. Feedback confirms that an Inspectorate role in multiparty meetings can help to focus and manage discussion and provides additional value by establishing the likely impacts of unresolved matters on statutory timeframes at post-submission stages.
The applicant’s role: To use multiparty meetings during pre-application to facilitate resolution of issues or disagreements. The approach to multiparty meetings should be proportionate to any arising issues/ disagreements or the complexity of ongoing issues/ disagreements. The applicant is responsible for arranging multiparty meetings and briefing the attendees on their roles and expectations in advance of the meeting occurrence.
The Inspectorate’s role: To engage on the basis of the applicant’s tier subscription, acting as either an observer/ advisor (standard or enhanced tier) or as a chairperson/ facilitator (enhanced tier only). The Inspectorate’s role as facilitator. The Inspectorate will be responsive to meeting objectives and its requested role within it, and resource to ensure relevant/ required skills and expertise are available for meetings. The Inspectorate will provide advice to the applicant and other attendees, including in respect of the resolution (or otherwise) of ongoing issues and the implications for post-submission stages, including the examination.
COMPONENT 7: Preparation of Compulsory Acquisition and Temporary Possession evidence
The development of a pre-application Land and Rights Negotiations Tracker will help the Inspectorate to understand the issues, monitor progress and target advice at the pre-application stage. Experience shows that unresolved land and rights issues can complicate and extend the duration of post-submission stages. The Inspectorate’s support will help the applicant to prepare and optimise the Compulsory Acquisition and Temporary Possession evidence within the application, potentially giving rise to fewer Examining Authority written and oral questions and smoother, possibly faster, post-submission stages. The pre-application Land and Rights Negotiations Tracker will provide the basis for a detailed post-submission Land Rights Tracker which will be requested by the appointed Examining Authority.
The applicant’s role: To prepare mature and robust evidence to support the application for compulsory acquisition and temporary possession powers in the draft DCO. This evidence will be developed around a pre-application Land and Rights Negotiations Tracker, which will ultimately form part of the submitted application. The Land and Rights Negotiations Tracker will provide a live and consolidated view of the status of negotiations and inform pre-application interactions between the applicant and the Inspectorate. The applicant will be frank/ upfront about barriers and the likelihood of individual and/ or collective land and rights issues affecting the smoothness and duration of the examination. The applicant will prepare mature versions of the draft DCO, draft Land Plans (including special category land and crown land information), draft Book of Reference, draft Statement of Reasons and draft Funding Statement for review by the Inspectorate within the timeframes agreed in the pre-application Programme Document.
The Inspectorate’s role: To elevate the status of the Land and Rights Negotiations Tracker as key evidence informing pre-application interactions with the applicant. The Inspectorate will monitor and query the status of issues identified in the Land and Rights Negotiations Tracker with the applicant, issuing advice on the impacts (and mitigations) for post-submission stages.
COMPONENT 8: Preparation evidence to support the Public Sector Equality Duty
Inspectorate support in the development of application evidence which is optimised in relation the Examining Authority’s requirement to discharge the PSED is expected to result in better applicant practice and less examination time taken up with written and oral questions posed to the applicant and other Interested Parties.
The applicant’s role: To design events, communicate with consultees (including, in particular, those affected by Compulsory Acquisition and/ or Temporary Possession powers) and mature evidence at the pre-application stage to assist the Inspectorate and the appointed Examining Authority, during post-submission stages, to discharge the Public Sector Equality Duty (PSED) under The Equality Act 2010.
The Inspectorate’s role: To elevate the requirements of the PSED and provide support to the applicant in having regard to those requirements in designing events, communicating with consultees, developing pre-application resources, establishing the final form of the application and preparing for post-submission representations.
COMPONENT 9: Multiparty application readiness gate-check (trial)
The purpose of the gate-check trial is to establish an event occurring after statutory consultation and before the application is submitted to identify any substantive gaps in information, with a focus on where any such gaps might present risks to the acceptance and examination. The timing of the gate-check event will allow for the applicant and other relevant parties to take remedial action before the application is submitted, facilitating more focused, smoother and potentially faster post-submission stages.
The applicant’s role: To work with the Inspectorate and relevant statutory bodies within the trial of a multiparty gate-check process, engaging proactively, being responsive and developing and making essential supporting resources available in a timely way. The applicant will be responsible for organising the gate-check meeting (in addition to the maximum total of standard meetings) with themselves, the Inspectorate and relevant statutory bodies in attendance.
The Inspectorate’s role: To facilitate a multiparty gate-check meeting for applicants, involving relevant statutory bodies. Within the trial, the gate-check would occur between the statutory consultation and submission stages and would enable the Inspectorate to understand issues and associated risks and facilitate agreement in relation to appropriate remedial actions prior to submission. The gate-check event can include consideration of any project-related issues but is expected to focus on environmental matters, including those identified within the Evidence Plan process (where engaged).
The gate-check trial will be made available to a limited number of applicants to test appetite, deliverability and value added. Further details on the proposed gate-check process and requirements will be made available to the applicants involved in the trial.
Paragraph: 018 Reference ID: 1-018-20240516
Revision date: 16 05 2024
Updates to this page
Published 16 May 2024Last updated 16 December 2024 + show all updates
-
Added translation
-
Cost recovery section updated to make clarification about Scoping process
-
Inception Meeting agenda template updated
-
Welsh translation added
-
First published.