Best Practice in NSIP Applications
Over 600 professionals hear that ‘early, positive engagement is critical’ to DCO examinations and ultimately approvals whilst listening to the Planning Inspectorate’s latest webinar on Linear Infrastructure Projects: Best Practice in NSIP Applications.
Introduction
A timely decision by the Planning Inspectorate to hold the webinar due to the growing linear schemes expected to be submitted in the coming months and years, whether conductor, cable, pipeline or road. The session was expertly presented by Examining Inspectors Annie Coombs and Richard Allen.
NSIP scale linear projects, by their very nature, tend to be complex due to their length and the subsequent number of Local Authorities, stakeholders, landowners, statutory undertakers as well as other interested parties. Such scale means all are likely to be impacted, albeit in potentially different ways and to increasing or decreasing severity.
Top tips shared by Annie in her opening statement and discussed throughout the event were:
- Engage early;
- Provide contextual understanding;
- Understand flexibility and what is secured
Engage early
Early and effective engagement will pay dividends when it comes to Examination. There is an acceptance across the board that Promoters may not be able to please everyone attempting to do so would be ineffective. That said, finding the right balance of positive and inclusive engagement, which effectively sets out the details of the proposal along with a robust explanation of its need case will help ensure less time is spent discussing topics during Examination that could’ve been secured earlier in the pre-examination phase.
Examples of projects where good practice has been followed were given, including several that Copper Consultancy has worked on, such as the A66, Yorkshire GREEN, and HyNet. There was a reminder that reviewing protected characteristics as part of the Equality Act 2010 and ensuring you engaging accordingly, will likely be beneficial.
Discussions around types of engagement are important and to tailor those to the communities and areas in the proximity of the project. Again, mention was given to ‘one size doesn’t fit all’. Well-designed and user focused websites, which include visual and interactive ways for stakeholders to understand the details of a proposal, such as interactive maps, clear schematics and easy to use navigation, were all mentioned as things that could be beneficial. 3D models and visualisations detailing elements of the project and how residents and communities may see, feel or hear elements of the project was cited as a key benefit.
The importance of explaining what can be influenced is also considered key to gaining genuinely collaborative feedback. An example of the Hinkley Connection Project, another project Copper has been involved with, was given in terms of the local community having input into the colour of the T-Pylon design that was being proposed, with extensive work undertaken to ensure how the colour was perceived in different time and weather conditions.
Finally, a clear recommendation was made to not leave meaningful discussions with Statutory Undertakers until examination when they can be held earlier in the process, as this leads to avoidable delay. However, it was also noted that a clear expectation is now in place that SU’s also engage meaningfully and in a timely manner.
Provide contextual understanding
The importance of diagrams and maps, to inform the public of often design / engineering heavy information could not be over-emphasised. Diagrams and maps are also really important to give context to how the project fits within the local area / potential other projects, allowing the public to understand potential cumulative effect of a number of projects, not one in isolation.
Construction practices, both in the aspect of the task being undertaken and the location / amount of land required to do so, is also an important factor in utilising diagrams and maps.
Examples were given of the width of land required to install a waterpipe, being considerably wider than the width of the pipe itself. Without clear diagrams to explain the need for space for machinery, haul roads and spoil heaps, the impact would not be clearly understood.
Talking specifically about road projects, the importance in the discussion of public rights of way, non-motorised users and bridleways were discussed. Close attention to detail needs to be utilised to ensure these are not restricted as part of a project, however, there are often opportunities to improve the facilities on-site during the project. The need to work with other local authorities or highways authorities was noted, with pragmatic decisions being taken to fund aspects that fall outside of the limits of the project, with others carrying out the work.
Understand flexibility and what is secured
The conversation initially centred on the merits of taking Options through to Examination, and if in fact Promotors were delaying a conversation that could happen earlier. The advice is, ‘why wait?’ and focus on trying to eliminate potential options in the pre-application phase of the project through meaningful engagement and agreement on terms.
A warning about flexibility was given, where it’s included and appropriate, that it should be focused on the specific requirements of set locations and not a ‘one size fits all’ approach to the entire length of the Scheme.
Finally examples were given of good design for elements of projects that are easily forgotten as less visually important i.e. converter stations. The case was made for good design, linking back to the context and history of the area, promoting people and placemaking.
Summary
In summary, the conversation centred around ensuring that projects and developers engage early, in a positive and inclusive manner, with interactive information that is suitable to the audience being addressed.
Don’t leave discussions late on in the process if they can be tackled early and look for solutions that are appropriate for each scenario / location, rather than a ‘one size fits all’ approach across the length of the project.
Finally, one of the Examining Inspectors provided gave a quote of what they’d been told by an IP when on a site visit – “you’re more human than I thought you’d be”. At Copper, the importance of this is something we know all too well. Linear projects, like all new infrastructure, can be hugely complex and potentially impact a significant range of stakeholders, so treating them as people who we listen to as well as explain, is essential to securing buy-in or, at the very least, tacit acceptance.