16/11/2016. The relationship between planning consent and other permitting regimes. Introduction. Introduction. The developer s security

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1 Introduction The relationship between planning consent and other permitting regimes Major developments only, usually schedule 2 EIA or higher Residential, energy, utilities, infrastructure, minerals Nicholas Beale Technical Director Wardell Armstrong LLP Permitting from the developer s perspective Wasting assets, renewal of asset terms, continuity of revenue streams Introduction The developer s security Highways stopping up orders European Protected Species licensing Coal Authority permitting Footpath diversion or stopping up orders EA consents for works in river, flood and sea defence Waste recovery permitting Options to lease and leases 6.21 Observance of statutes comply with the Town and Country Planning Acts and before making any application for planning permission or approval and/or agreement under condition imposed by a planning permission relating in any way to the Land or the Demised Minerals consult with the Lessors as to the contents of such application and include the Lessors reasonable requirements and the submission thereof shall be subject to the Lessors prior approval (such approval not to be unreasonably withheld or delayed) and supply to the Lessors or their agent copies of all planning consents relating to the working of the Demised Minerals; 1

2 The developer s security Conditional purchase agreements Condition 4: 4.1 The land for sale shall not be purchased, and the land for lease not leased, until such time as the purchaser and lessee has secured an unchallengeable approved planning permission for an extension to mineral workings at XXX. For clarity unchallengeable means beyond the statutory time period for the submission of an application for a third party judicial review following the grant of planning permission. Ancient Monument and Archaeological Areas Act 1979 Ancient Monuments (Applications for ) Regulations 1981 Ancient Monuments (Class Consents) Order 1994 Any work involving ground disturbance on a SAM unless exempted by Class Consent Application form, detail of works, plans, ownership, no fee Application to Secretary of State, Department for Culture, Media and Sport Consent process managed by Historic England DCMS issue decision to Historic England within 5 days Historic England then issue consent Right to public inquiry if draft consent is not accepted Usually about one month, three for highly complex applications Historic England will expedite if necessary within 10 days if necessary Relationship to planning Can be required even if planning permission is not Works themselves can require planning Can be before, during or after EIA submission can inform or reduce WSI requirements Historic England offer 15 hours of pre-application advice free 2

3 Highways Act 1980 sections 247 and 248 (and section 278) Town and Country Planning Act 1990 section 247 (incorporating changes to Growth and Infrastructure Act 2013) For the stopping up, diversion or removal of the public right of way along a highway to allow for development with a valid planning permission Application form, engineering plans, ownership, details of planning application or permission No fee outside of London Boroughs Application to Secretary of State for Department of Transport Local highway authority consulted Notice, objections, written reps or public inquiry 13 week target, longer if objections Relationship to planning Can only be granted after planning permission (or appeal) granted Can be submitted prior or during planning but draft order cannot be granted If order not granted, revision required to planning permission 3

4 Conservation of Habitats and Species Regulations 2010 as amended Needed when disturbing or remove wildlife or damaging their habitats for any European Protected Species. Purpose is to control through appropriate mitigation measures Application form (19 pages long), supporting information and plans General, class and individual licences No fee for individuals, for organisations 110 per hour + same for site visits, 330 to renew Application to Natural England, assessed on a regional basis Preliminary Ecological Appraisal (phase 1 and/or phase 2) Mitigation measures varies greatly Either 30 days or forever Highly dependent on case officer Relationship to planning Can be required even if planning is not Requires planning permission first Submission of draft applications pre-application encouraged Could result in variation to original planning 4

5 Environmental Permitting (England and Wales) Regulations 2010 as amended 1. Under Regulation 58(1) of the Conservation of Habitats and Species Regulations 2010 (as amended), it is an offence to contravene or fail to comply with a licence condition. This includes all persons authorised to act under this licence. 2. Any person who provided a false statement or information to obtain this licence is guilty of an offence and may be liable to prosecution. Incorporates requirements of various European directives: Industrial Emissions Directive Waste Framework Directive Landfill Directive Waste Electrical and Electronic Equipment Directive Mining Waste Directive Grounwater Activities For any operation that has the potential to pollute Protects environment, implements environmental legislation, prevents harm to human health Merges many different previous permitting regimes Has its own language operator, facility, installation Different regulators Environment Agency, local authorities Multiple operations on one site, more than one permit (aim to combine into one) Can be varied, transferred or surrendered Standard permits standard rules not site specific Bespoke permits site specific Examples Waste operations (eg AD plant) Mining Waste operations (ie silt) Abstraction and discharge to groundwater Pollution prevention control facilities (eg mobile plant) 5

6 Application form, supporting information, fee Depends on what is being applied for and regulator Need to assess environmental impact 2013 variation to regulations required commitment to timescales Varies between 2, 3 and 4 months depending on what is being applied for But only from duly made date, clock stopping, working days Consultation, review, issue Right of appeal Relationship with planning Recommended to submit in parallel (apart from some waste operations) Need to demonstrate environmental compliance could come from EIA Could require variation to planning permission Conclusion Complex regime Can delay development cycle Differing timescales Can require amendments to planning But adds value and security to property or development investment 6

7 Nick Beale Wardell Armstrong LLP City Quadrant 11 Waterloo Square Newcastle upon Tyne NE1 4DP 7