Implementing geological disposal: land use planning
Published 25 January 2018
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The 2014 white paper committed to bringing Geological Disposal Facilities (GDF) and deep investigatory boreholes (necessary to characterise sites) within the definition of nationally significant infrastructure projects (NSIPs) in the Planning Act 2008 and then to produce a draft National Policy Statement (NPS).
The relevant secondary legislation to designate geological disposal infrastructure as NSIPs was passed in March 2015.
0.1 Nationally Significant Infrastructure Projects (NSIPs)
Nationally significant infrastructure projects are major infrastructure developments of a type and scale defined under the Planning Act 2008 relating to energy, transport, water, waste water and waste disposal.
0.2 National Policy Statements (NPS)
National Policy Statements (NPS) set out the need for major infrastructure. Introduced as part of the Planning Act 2008, they set out the policies against which applications for development consent will be considered and set out how the impact of any proposed infrastructure will be assessed and mitigated.
The NPS for geological disposal infrastructure will guide developers when preparing, and the Planning Inspectorate and the Secretary of State when considering, applications for planning permission (development consent) relating to geological disposal infrastructure.
The land use planning process will also support engagement with communities through the (wholly separate) siting process, as the Planning Act 2008 enshrines the role of local authorities within the development consent process, putting consultation with local communities and a thorough consideration of local impacts, at the heart of the development consent process.
1. Appraisal of Sustainability and Habitats Regulations Assessment
The Planning Act 2008 requires that an Appraisal of Sustainability (AoS) of the NPS must be carried out before it can be designated. The white paper also stated that a Habitats Regulations Assessment (HRA) of the NPS would be carried out.
The Appraisal of Sustainability presents the likely significant environmental and socio-economic effects of the NPS, as well as reasonable alternatives to the NPS. It also identifies options for mitigating any adverse effects of the NPS and assists the further development of the NPS and its contribution to the achievement of sustainable development.
The Habitats Regulations Assessment assesses whether there are likely to be any ‘significant effects’ on any European site (sites protected because of their importance to European nature conservation) as a result of the implementation of the NPS and, if so, whether these effects will result in any adverse impacts on that site’s integrity.
As part of the first stage of this process, a technical consultation on the Appraisal of Sustainability scoping report and Habitats Regulations Assessment Methodology report associated with a draft NPS took place in summer/autumn 2015. The government response was published in February 2016.
2. Consultation
We have launched a consultation and are seeking views on the draft National Policy Statement as well as the accompanying Appraisal of Sustainability Report and Habitats Regulations Assessment Report.
Consultation on the National Policy Statement (NPS) for geological disposal infrastructure
The consultation opens on 25 January 2018 at 09:30am and closes on 19 April 2018 at 11:45pm.
The easiest way to respond is via the online consultation - see link in consultation page, however, you can respond by email if you prefer (details also on the consultation page).