3 LEGISLATIVE FRAMEWORK
3.1 Consenting Process 25.
Under the Planning Act 2008, East Anglia THREE Offshore Windfarm comprises a Nationally Significant Infrastructure Project (NSIP). East Anglia THREE Limited therefore intends to submit an application for a Development Consent Order (DCO) to the Planning Inspectorate to construct and operate East Anglia THREE. The Planning Inspectorate will examine the application on behalf of the Secretary of State for Energy and Climate Change, who will make the final decision on whether to grant or refuse consent. It is anticipated that the DCO application will be submitted in late 2014.
26.
Applications for a DCO are determined in accordance with National Policy Statements (NPS). The NPSs relevant to the proposed project are the Overarching Energy NPS (EN-1), the Renewable Energy Infrastructure NPS (EN-3) and the Electricity Networks Infrastructure NPS (EN-5), which were adopted in July 2011. The NPS set out the need for new energy infrastructure and the issues to be considered for energy infrastructure applications. Given the level and urgency of need for new renewable energy projects, EN-1 and EN-3 make clear that the Secretary of State should assess all applications for development consent for renewable energy infrastructure on the basis that the Government has demonstrated that there is a need for those types of infrastructure. Therefore East Anglia THREE Limited is not consulting on the wider issue of the need for offshore wind as an energy source, as this is set out in national policy.
27. The NPS can be found at:
https://www.gov.uk/government/publications/national-policy-statements-for- energy-infrastructure.
3.2 Pre-Application Consultation 28.
Under the Planning Act 2008, there is a statutory duty on applicants to consult with the local community on the proposals throughout the pre-application phase and to consider the responses received in the development of the final DCO application to the Planning Inspectorate.
29.
The aim of this consultation is to help local communities gain a better understanding of what the proposed development is likely to mean to them and to encourage and enable them to provide feedback on, and shape the proposals.
Report to Inform the SoCC September 2013
East Anglia THREE Offshore Windfarm Page 10
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