Overview

The Infrastructure Planning Commission (IPC), which is based in Bristol, opened its doors for energy and transport applications on 1 March 2010.

The aim of the IPC is to provide a new and efficient consenting regime for large-scale projects, referred to as Nationally Significant Infrastructure Projects (NSIPs). For the rail industry this covers:

- construction of a railway within England run by an operator both approved under the Railways Act 1993 and designated by the Secretary of State (currently Network Rail Infrastructure Limited and Network Rail (CTRL); and

- rail freight interchanges within England that cover 60 hectares or more and have the capacity to deal with at least four goods trains per day from more than one consignee/consignor. In practice, this means facilities for exclusive use by a single operator will not be caught.

Where a development falls within these parameters the application must be submitted to the IPC, and it is not possible to elect out of the new regime. For schemes that are beneath the threshold, the existing planning regime and Transport and Works Act Orders will continue to be used.

These definitions have already created some difficulties. For example, it is not yet clear whether the IPC, when assessing the 60-hectare development area, will look at just the rail freight element of a scheme, or the wider development of which it may form part. Any consent obtained under the wrong regime is likely to be considered invalid if legally challenged.

In light of this, and the pre-application obligations associated with an IPC application, if there is any doubt as to whether a development may constitute a NSIP, developers should confirm the position with the IPC in the clearest possible terms at the outset.

Click “view briefing” to read more.