The Examination Stage

4th NSIP Projects Forum
The Examination Stage
Dr Pauleen Lane CBE FICE MBA
Group Manager National Infrastructure,
The Planning Inspectorate

4th NSIP Projects Forum Feb 2016 - Pauleen Lane - The Examination
Preparing for and Managing the Examination
• Purpose of the examination stage (and pre-examination)
• What it is and what it is not
• Preparing your team
• Managing the process
• Recent developments
• Further changes?

The 2008 Planning Act
• Objectives – reduce delays; policy-led; one stop shop
• Front loaded with early engagement – LA, Stat Cons, public
• National Policy Statements addresses need and principles
• Development Consent Order – a statutory instrument
• Predominantly Written Representations and online access
• Clear and statutory timetable

Faster decisions
Sizewell B
• 4.5 years to
consent
• Inquiry - 2 years,
3 months
Hinkley C
• 18 months to
consent
• 13 days of
hearings

Planning Act 2008
Statutory
Instruments
& Explanatory
Memoranda
CLG guidance
documents
National Infrastructure
guidance
and advice
documents
National Policy
Statements
Localism Act 2011
Growth and
Infrastructure Act 2013
European Directives and
International Treaties
National Infrastructure Website
Infrastructure Act 2015 Housing and
Planning Bill

Building consent into the timetable
• Pre-application has no set timetable, examination does!
• Developers are adopting contrasting approaches to
consenting risk
Setting the pace
• Breaking new ground
•Active consenting strategy
Managing consenting risk
•Building consensus
•Improving the application
•Learning from experience

Purpose of the examination
To examine the proposed
Development Consent Order
and to assess its
appropriateness against any
NPS and other criteria set out
in s104 or s105 of the
Planning Act 2008
It is a predominately ‘written’
process supplemented by
hearings and site visits
It is an inquisitorial process
lead by the Examining
Authority
It allows parties to submit
their views – for and against
– with reasons
It satisfies required processes
in respect of rights of access
to information and a fair
hearing including for human
rights issues
It provides a public record of
the process
It may identify amendments
to the draft DCO

• Timely and detailed hearing agendas
• Early Statements of Common Ground
• More detail in the Rule 6 PM letter
• Flexibility in timetable laid out
• Balance of flexibility vs certainty:
practical implications
From 2014 Review

Pre-examination /
post acceptance
Read the s55 checklist and any advice issued
Early appointment of the ExA means more up front advice
including formal procedural decisions
Intended to give a flying start in to the examination and
allow more time for parties to talk
http://infrastructure.planninginspectorate.gov.uk/projects/yorkshire-and-the-humber/river-humber-gas-pipeline-
replacement-project/?ipcsection=docs&stage=3&filter=Procedural+Decisions

Appointing the Examining
Authority
• Depending upon the scale of the proposal, either a single
Inspector or a panel of three, four or five Inspectors will
be appointed – CLG Examination Guidance and s61, s64 or s78 –
this is an initial decision and is subject to ongoing review
• Once appointed ExA must:
– make an initial assessment of principal issues arising on the
application (s88 and Exam Rule 5),
– draft an examination timetable and make procedural decisions
– set a date for a Preliminary Meeting, notify and then hold the
Preliminary Meeting (s88 and Exam Rule 6)
– All those notified under s56 will be informed of the name/s of
those who have been appointed through a “Rule 4” letter

Principal Issues – initial assessment
Based on the NPS if designated otherwise key policy
documents
Having read the relevant representations and issues brought
forward from consultation
May look back as far as scoping if there was not agreement at
the early stages on coverage
Made at this stage to frame the examination and construct the
timetable – others matters may rise up later and be added

R6 Setting Direction
Rule 6 sets the agenda for the
Preliminary Meeting
Makes procedural decisions
such as initial deadlines
Lays out the Principal Issues
Proposes the examination
timetable and structure
Identifies useful information
Suggests Statements of
Common Ground to aid
parties in discussion
Read it and use it actively

Preliminary Meeting
• ExA will hold a Preliminary Meeting to which the applicant and all
interested parties will be invited to attend
• ExA must give at least 21 days’ notice of the date, time and place of
the Preliminary Meeting
• Held local to the proposed development, providing a suitable venue
is available. This meeting is run and chaired by the ExA
• The purpose of the meeting is to discuss how the case will be
examined, including identifying the issues which the Examining
Authority believe should be looked at in more detail
• This is a procedural meeting only, the merits of the scheme will not
be discussed at this stage!
• Meeting is audio recorded and a basic note taken
• As soon as practical after the PM the ‘Rule 8’ letter is issued to
finalise the timetable and issue the first ExA questions

Or you can watch the video!
https://www.youtube.com/watch?v=Z0FnbBretb0
New approach being adopted on latest examinations – moving
immediately from PM in to first hearing
Glyn Rhonwy Pumped Storage Project
The Rule 6 letter lays out a considerable amount of
information – reflects earlier appointment of ExA

Once started – no going back
Project management approach – co-ordinate documents and
people – stay focused on the policy tests
Inquisitorial not adversarial – no need to ‘rebut’ – but do
provide evidence
Careful checking of the DCO against the ES is fundamental
One person needs oversight of all activities and to be able to
liaise with the Case Manager on changes etc

• Resource appropriately for examination -
project manage and have the right team
ready to meet tight timetables
• Ensure delegations are in place
• Address issues as they arise - don’t leave
outstanding matters to the end – especially
land agreements – often delays the close
• Discuss and agree matters with relevant
parties outside of examination/in between
deadlines and update SoCGs
• Your objective – to be asked as few
questions as possible – and to answer
them honestly and to timetable
The clock is ticking!
6
months
left

Timescale per stage
-105
-398
-391
-394
-561
-270
-557
-486
-578
-649
-149
-693
-338
-442
-361
-823
-783
-555
-914
-991
-942
-1094
-861
-1041
-1071
-1030
-316
-420
-1062
-1091
-1191
-418
-1255
-239
-1221
-1255
-455
-327
-690
21
22
27
27
26
17
24
22
28
23
28
27
28
28
24
28
28
28
28
28
28
28
28
28
26
28
28
26
24
23
23
23
19
25
27
19
28
28
27
144
111
120
104
104
102
118
123
162
151
106
113
109
95
133
138
91
208
189
107
110
105
142
168
142
160
119
119
113
111
142
162
88
151
147
88
124
118
96
178
133
167
179
183
169
183
182
183
181
179
183
180
144
183
181
179
182
181
184
184
179
180
180
180
180
177
181
180
180
171
179
131
179
179
131
403
391
383
82
90
101
90
90
89
90
90
86
90
89
92
64
92
92
81
92
85
89
89
91
92
92
92
92
91
91
87
92
92
91
63
92
91
63
86
89
90
90
85
77
82
90
90
90
77
86
85
80
83
78
90
297
69
87
83
91
87
90
87
92
92
92
92
88
92
92
91
76
90
90
91
92
90
89
92
91
505
309
706
254
632
283
109
290
290
528
-1000 -500 0 500 1000 1500
Rookery South
Ipswich Rail Chord
North Doncaster Rail Chord
Kentish Flats Extension
Brechfa Forest West Wind Farm
Heysham to M6 Link Road
Hinkley Point C New Nuclear Power Station
Preesall Saltfield (Underground Gas Storage)
Galloper Offshore Wind Farm
Triton Knoll Offshore Wind Farm
East Northants Resource Management Facility
Port Blyth New Biomass Plant
M1 J10a Grade Separation - Luton
Redditch Branch Enhancement Scheme
Able Marine Energy Park
Kings Lynn
Stafford
North London
East Anglia
DIRFT
Rampion Offshore Wind Farm
Knutsford to Bowdon Roads Improvement
North Killingholme New Power Station
Thames Tunnel
Clocaenog Wind Farm
Burbo Bank Wind Farm Extension
Woodside Connection (Road)
South Hook Combined Heat & Power Station
Walney Extension Offshore Wind Farm
Hornsea Offshore (Round 3 Zone 4)
Willington Gas Pipeline
Morpeth
A160 Immingham
A30 Cornwall
Dogger Bank (Creyke Back)
Knottingley Power Station
Whitemoss
Norwich Northern Distributor Road
Tidal Lagoon Swansea Bay
Days Taken Per Stage (Decided Projects)
Pre-App (COSMO) Acceptance Pre-Exam Examination Recommendation Decision SPP JR Re-determination

The Examination Stage

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