Justificación idealizada y relativismo conceptual

4.20 We propose that the commission should be able to advise promoters at the pre- application stage on whether the proposed project falls within its remit, on the application process, procedural requirements, and consultation.

4.21 _{In addition to providing written guidance, a further way that the development}

of nationally significant infrastructure schemes could be improved and the commission’s decision making process streamlined would be through the

commission providing direct advice and conducting pre-application discussions on procedural issues.

4.22 The first point on which a promoter is likely to need early advice is whether the scheme they are developing will fall within the commission’s remit to determine. It will be vital to confirm that the commission is the appropriate determining body as early as possible, to avoid the promoter carrying out unnecessary work preparing information which is relevant to the commission’s development consent regime, but not to other regimes. We would expect the commission to offer advice so that this can be resolved before an application is submitted to it.

4.23 The commission would also be able to advise the promoter on what information is likely to be needed for the application to be considered efficiently, and for the commission to decide that the application is sufficiently well prepared to be considered. If the commission decides not to consider an application on the grounds that it was poorly prepared or the promoter’s consultation was

inadequate, the commission would advise the promoter on how it could improve. This would help the promoter to understand what further information

requirements or consultation would be needed to satisfy the commission.

4.24 For instance, the commission could advise on what data is needed for the purposes of the Environmental Impact Assessment, where one is required. Some data for Environmental Impact Assessments can take a long time to collect. For instance, offshore renewable energy promoters are usually expected to gather two years of data on birds in the proposed area. It is vital that promoters understand these data requirements so that they can start gathering it at the earliest

opportunity. This could avoid substantial delays caused by needing to gather new information during the decision making stage. Box 4.3 explains Environmental Impact Assessment in more detail.

4.25 The commission could also give advice to the promoter on consultation,

supplementing the written guidance, such as how to most effectively engage hard to reach groups. This would help to ensure that the promoter carries out a consultation which the commission would be likely to consider adequate. The commission could also advise other parties on what they could expect in terms of the promoter’s consultation.

Box 4.3

Environmental Impact Assessment (EIA)

EIA is a procedure which draws together, in a systematic way, an assessment of a project’s likely significant environmental effects. This enables environmental factors to be given due weight (along with economic and social factors) in determining whether to give an application consent.

The requirement for EIA stems from EC Directive 85/337 (as amended) which contains schedules listing those major projects (eg large oil refineries, airports, railways) which always require an EIA, and others which require an EIA only when they are likely to give rise to “significant environmental effects”.

The EIA Directive has largely been implemented in the UK through regulations made under section 2(2) of the European Communities Act 1972 and section 71A of the Town and Country Planning Act 1990, since most relevant projects are ‘development’ for which planning permission is required.

Local planning authorities are ‘competent authorities’ for EIA purposes (except that the Secretary of State is the authority where it falls to him/her to determine the application). Where a project would fall to the infrastructure planning commission for determination, the commission would become the ‘competent authority’. Competent authorities must determine whether an EIA is needed by “screening” each application for which EIA is not mandatory. The regulations contain thresholds below which EIA is not normally required, except in sensitive areas where the thresholds do not apply.

Central to the EIA procedure is the preparation, by the applicant, of environmental information about the project, including:

 a description of the site and the design and size of the project;

 a description of the aspects of the environment likely to be significantly affected;  an outline of the main alternatives studied by the applicant;

 the measures envisaged to mitigate the significant adverse effects of the project;  a non-technical summary of all this information.

Public consultation is an important element of the EIA process. Applications for EIA development must be submitted to certain statutory consultees, eg Natural England. They must also be advertised and the environmental information made available for public comment. The authority which decides the application must take account of the

environmental information, and any comments and representations received, in reaching its decision.

Consultation question:

Do you agree in principle that the commission should advise promoters and other parties on whether the proposed project falls within its remit to determine, the application process, procedural requirements, and consultation?

Are there any other advisory roles which the commission could perform?