I recently had the opportunity to sit down with Joanna Reynolds, a seasoned consultant specialising in environmental assessments for Nationally Significant Infrastructure Projects (NSIPs). Her insights offer a valuable perspective on the labyrinthine process of navigating transboundary impacts and habitat assessments under the Planning Act 2008. This conversation is especially pertinent for applicants, members of the public, and other stakeholders engaged in the infrastructure planning regime.
Focus360 Energy: property compliance services – pre-planning to post-construction. Learn more.
Joanna’s extensive experience in the sector has equipped her with a deep understanding of the intricacies involved in these large-scale projects. Our discussion revolved around the dual focus of advice on habitats assessments and the overarching government guidance on the Planning Act process. Here’s a detailed recount of our conversation, which is both informative and enlightening for anyone involved in NSIPs.
The Importance of Habitats Assessments
Joanna began by highlighting the crucial role of habitats assessments in the planning process. “Habitats assessments are not just a regulatory requirement; they are essential for safeguarding our natural environment,” she explained. The Conservation of Habitats and Species Regulations 2017, along with the Offshore Marine Conservation Regulations 2017, mandate that competent authorities carry out appropriate assessments before granting consent for any plan likely to have significant effects on European sites or European Marine sites.
“The process involves a rigorous evaluation of the potential impacts on protected species and habitats,” Joanna said. “This is where the Planning Inspectorate’s advice becomes invaluable. Their recommendations are grounded in good practice and are designed to complement existing legislation and governmental guidance.”
Guidance on the Planning Act Process
When discussing the guidance on the Planning Act process, Joanna emphasised the need for thorough preparation and adherence to established protocols. The Planning Inspectorate’s advice, published under section 51 of the Planning Act 2008, serves as a comprehensive resource for applicants and other parties. “This advice is non-statutory but following it can significantly streamline the application process,” she noted.
Joanna elaborated on the various stages of the process, from the pre-application phase to the examination and decision-making stages. “Each stage has its own set of requirements and potential hurdles. Early engagement with the Planning Inspectorate and other stakeholders can help identify and mitigate issues before they become significant obstacles.”
Transboundary Impacts and Procedures
One of the more complex aspects of NSIPs is managing transboundary impacts, which refer to the effects of a development on the environment of European Economic Area (EEA) Member States. The UK’s obligations in this regard are governed by international conventions such as the Espoo Convention and the Aarhus Convention, as well as the EIA Directive.
“The transboundary process is meticulous and involves multiple layers of notification and consultation,” Joanna explained. Regulation 32 of the EIA Regulations outlines the duties of the Secretary of State in notifying and consulting EEA States if a proposed development is likely to have significant environmental effects across borders. “The Planning Inspectorate plays a pivotal role here, acting on behalf of the Secretary of State to manage these transboundary procedures,” she added.
Standard Practices by the Planning Inspectorate
Joanna praised the structured approach adopted by the Planning Inspectorate, which includes informing relevant states about proposed developments that may have significant transboundary impacts. “As standard practice, the Planning Inspectorate ensures that all relevant EEA States are kept in the loop. This includes sending detailed descriptions of the development, potential environmental effects, and information about the decision-making process.”
She also pointed out that the Planning Inspectorate adopts a precautionary approach when assessing the likelihood of transboundary effects. “They don’t categorically state that a development will have an effect; instead, they assess the possibility and notify accordingly. This approach helps in maintaining transparency and encouraging proactive engagement from all parties involved.”
Consultation and Public Participation
Effective consultation is a cornerstone of the NSIP process, particularly when it comes to transboundary impacts. Joanna highlighted the importance of ensuring that EEA States and their publics have ample opportunity to participate in the consultation process. “The Espoo and Aarhus Conventions mandate public participation, and the Planning Inspectorate facilitates this by inviting EEA States to consult with their public and relevant authorities.”
She also mentioned the role of press releases and public notices in keeping the process transparent. “Applicants are often required to publish notices in print media and online to inform the public about the potential impacts of the proposed development. This ensures that everyone has a chance to voice their opinions and concerns.”
Challenges and Best Practices
Towards the end of our conversation, Joanna reflected on the challenges faced by applicants and offered some best practices. “One of the biggest challenges is ensuring that all the necessary information is provided in a timely manner. Any delays or gaps can lead to significant setbacks,” she said.
“Applicants should engage in early and ongoing consultation with the Planning Inspectorate and other stakeholders. Providing comprehensive and accurate information from the outset can help in addressing potential issues before they escalate. It’s also good practice to organise and cover the costs of translating documents if requested by EEA States, as this facilitates better understanding and cooperation.”
In conclusion, Joanna’s insights underscore the complexity and importance of navigating the NSIP process with diligence and transparency. The Planning Inspectorate’s advice and the government’s guidance serve as essential tools in this journey, helping to ensure that infrastructure developments are both sustainable and compliant with international obligations.
Written by Lewis Davis
Be the first to comment