Hinkley Point C Experiences of the NSIP Regime Andrew Goodchild MA BSc(hons) MRTPI Assistant Director Energy Infrastructure
Hinkley Point C
Process so far
16 billion project 25,000 employment opportunities 5,600 FTE jobs @peak 7% of UK s Electricity 5 million homes 900 permanent jobs Water intakes 3km Site is 190Ha Generation in 2023 HPC Facts & Figures
2008 Getting Going Strategic Siting Assessment Planning Act 2008 NSIPs and IPC Introduction to EDF Energy Partnership Working Somerset Nuclear Energy Group
2009 - Resources Government Assistance? Planning Performance Agreement - ATLAS Statutory vs. Discretionary s93 of LGAct 03 Procurement process for Technical Advice Governance Process Core Strategy - Influencing EDF Energy Stage 1 consultation NPS responses
Explaining the need for a PPA Understanding the NSIP process EDF Energy, National Grid and Government concurrent consultations, confusion? Understanding responses from others 2009 - Community
2010 - Shaping Developed joint, shared visions with EDF Economic Development Developing a Low Carbon future Education, Employment and Skills Community Wellbeing Housing LA s Joint Supplementary Planning Document
2010 - Activity EDF s Stage 2 consultation Community workshops Submission of Site Preparation Works planning application Submission of a Harbour Empowerment Order for Temporary Aggregates Jetty Master planning work on potential housing sites Tactics, Tactics, Tactics
Helping communities to shape the Councils view of the project Building evidence Engaging deprived communities Encouraging business engagement Supporting local advocates 2010 Focus on Community
2011 Preparing for Submission Stage 2a and Stage 2b Consultations Determination of Site Preparation Works Planning Permission Temporary Jetty Inquiry EDF closed down to finalise submission LA s focussed on LIR preparation Negotiation of Section 106 Agreement Topic Papers
2012 Preparation / Examination Relevant Representation / Registration Finalisation of Local Impact Report Statement of Common Ground Engagement over PINS list of Principle Issues Preliminary Meeting
2012 - Examination Attended the initial Site Inspections 11 th and 12 th April Submitted responses to the Panel s 1 st Written Questions 24 th April Submitted the Local Impact Report 3 rd May Attended and Spoke at the Open Floor Hearings in: Cannington 9 th May Otterhampton 10 th May Bridgwater 16 th May Stogursey 17 th May Submitted responses to the responses to the 1 st Written Questions - 31 st May Submitted the Local Impact Report Addendum and Errata 31 st May Submitted comments on other Interested Parties Relevant Representations, Written Representations, Local Impact Reports and Statements of Common Ground 31 st May Attended and Spoke at the 1 st Issue Specific Hearing 26 th and 27 th June
2012 - Examination Submitted responses to the following documents 5 th July: Proposed changes and commentary on the Draft Development Consent Order Proposed changes on the Draft Requirements Comments on the Code of Construction Practice and Mitigation Route Map Comments on the Development Consent Obligations (the Section 106 Agreement) Comments on the Construction Traffic Management Plan Comments on the Construction Workforce Travel Plan Comments on the Traffic Incident Management Plan Comments on the Highways Scheme Drawings Submitted responses to the Panel s Further Written Questions 9 th July Submitted comments on issues raised at the 1 st Issue Specific Hearing 9 th July Requested further Issue Specific Hearings 9 th July Attended and Spoke at the 2 nd Issue Specific Hearing 17 th and 18 th July Submitted comments on the Applicants 12 th July revised draft DCO, Requirements and Section 106 Agreement 6 th August
2012 - Examination Submitted Statement of Common Ground 6 th August Attended and Spoke at the 3 rd Issue Specific Hearing 14 th August Attended and Spoke at the Socio-Economic Issue Specific Hearing 21 st August Attended and Spoke at the Transport Issue Specific Hearing 22 nd August Attended and Spoke at the HRA and Ecology Issue Specific Hearing 23 rd August Attended the Combwich Issue Specific Hearing 24 th August Signed and sealed s106 agreement 31 st August Attended and spoke at Open Floor 6 th September Attended further Site Visits on 11 th and 12 th September
2013 Decision and Panel of Examining Inspectors Report 19 th December Secretary of State s Decision 19 th March Overall, relatively few changes since close of examination Unhelpful intervention from DECC regarding phasing Influence of Government Agencies post Examination? Panel and SoS unwilling to accept EDF s argument to unpick previous S106 s which they and others had entered voluntarily inappropriate to interfere to the unilateral advantage of one of the parties unless it would serve a clear public interest and vital to the progress of the NSIP
2013 Decision and PINS requiring some key documents earlier in the process SoCG S106 Although not the LIR PINS will not referee a discussion on the S106. However, they appear conveniently to rely on the S106 as justification The Key Issues remain the same all the way through limited scope to influence once the timetable has been published? Panel consistently said not to repeat points made in writing, but not to raise new issues during hearings
Section 106 Agreements
Governance
Community Funds DCO Generation Site Preparation Works Development Consent Order Community Benefit 7.2m 12.8m 3.2m / year for 40 years CIM Fund Admin: WSC Community Fund Admin: SCF 10 years Business Rates 30 years of DECC Grant 12.3m Somerset wide 500k Otterhampton 3.2m Somerset wide 1m Bridgwater 500k - Cannington 500k Stogursey 2m West Somerset
5 years of consultation 6 Local Authorities Examination began 19 th Jan 2015 for 6 mths 18 days of Site Visits and Hearings National Grid Hinkley C Connection Project
Tidal Lagoons??
Lessons for a Local Authority Ensure your principle witness is in control Question the need to spend time beefing up your policy position? Definitely a need to enter into meaningful discussions at the pre-app stage dancing is not going to get you very far Limited opportunity to argue your case during the Examination if you ultimately want to reach agreement? Have to exploit any opportunity to ramp up the S106 discussion at an early stage If you want to fight on an issue balance making your point in the LIR with leaving something to answer a question with new and compelling evidence (be careful!)
Lessons for a Planner Recognise the point when technical advice is not getting you any further forward time for the planner to take the lead Recognise the point when your Members and most of the Community have been left behind those acting for the developer too Think short, medium and long term about your case but understand that large energy / multi-nationals may not work in this way be aware of the culture of the organisation you are dealing with / working for Remember that it is a new process for almost everyone and expect people to seek advice and guidance from you
Any Questions Andrew Goodchild Assistant Director Energy Infrastructure Taunton Deane Borough Council and West Somerset Council agoodchild@westsomerset.gov.uk 01984 635245