objections, so the opportunity is there to use the report creatively, especially as the local impact report is one of the documents specifically mentioned as an item to which the Secretary of State must have regard.


Secondly, local authorities, by their nature, can take a lead role if they wish. This begins with the preliminary meet- ing. This is a procedural hearing, held by the Examining Inspectors, at which the parties can make representations about how the application is to be examined. Whilst this sounds dry, it is actually a crucial opportunity to influence the out- come. Experience on the Rookery South project shows that the local authority can take a leading and influential role by using the preliminary meeting.


This is also the stage at which to ask for any issue specific hearings. The new system results in a far more complex de- velopment consent than under planning control. It will usually be in the form of a statutory instrument and give significant powers to the promoters, including the power to override property rights. It will also affect nuisance claims; if drafted as a statutory authority to construct and operate the facility (which is likely) the doctrine in Allen v. Gulf Oil Refining will apply. It will also include “requirements” (the name in the new system for condi- tions in the planning system) and there is the opportunity to have a section 106 agreement. So it will be helpful to consider the draft order and other doc- uments carefully, negotiate them and ask for issue specific hearings to address them. It is unlikely that all the differ- ences will be resolved by negotiation. Local authorities can have a significant influence in their content.


It is also possible to obtain issue-spe- cific hearings on substantive issues. The Examining Authority is generally reluctant to award those, though at Rookery South they did decide to hold one on heritage issues. Compensation is of course payable where land is com- pulsorily purchased, and that is assessed separately. But the CPO powers have to be justified by a compelling case in the public interest. So if the local authority does not want its land compulsorily purchased at all this is the opportunity to make that case.


THE TERRIER - Summer 2012


Rookery South Resource Recovery Facility, Bedfordshire


It is also currently possible to trigger the special parliamentary procedure where local authority land is to be compulsorily purchased and an objection has been made. This was done in the Rookery South case leading to the possibility that the entire order is re-examined by Parliament. This might be thought to be surprising and it surprised the Parlia- mentarians first charged with consider- ing the special parliamentary procedure for the Rookery South application. The Report of the Chairmen of Ways and Means (Lindsay Hoyle MP) and of Com- mittees (Lord Brabazon) strongly recom- mended that the government amend the system and not lay any more orders before Parliament under the infrastruc- ture planning system before doing so. So this may mean that this possibility is in practice now closed, at least so far as examining the whole order is concerned.


The local authority makes its case by way of written representations. There is a timetable and the process is very dead- line driven and the deadlines must be kept. The local authority is not of course in charge of the process, so cannot itself extend the deadlines. The deadlines are quite short, so local authorities wishing to participate should gear up early. The departments who will be involved should be alerted in good time. Some lo- cal authorities have negotiated financial contributions to their legal and profes- sional costs from promoters.


The National Infrastructure Planning 33


Association has also been formed. It has many professional members who exchange views (http://www.nipa.org. uk/). Local authorities who are or may be affected by nationally significant infra- structure projects may wish to consider encouraging relevant officers to join.


In summary, local authorities’ property and political interests can be affected by nationally significant infrastructure projects. Such projects do not occur on an authority’s area frequently, so it is difficult to build up local resource. The process is written, the procedure is new and spread among several statutory instruments. Although not the decision maker and not in charge of the process, local authorities have the ability to affect the outcome and a special status in the process.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68