Four years of Planning Act 2008 applications

On 1 March 2010 the Planning Act 2008 regime for consenting nationally significant infrastructure projects was 'switched on' for energy and transport projects. It has subsequently been switched on for waste water and hazardous waste projects, but still hasn't been for projects related to water supply.

Numbers of applications

Assuming no applications are made today, we have a complete picture of the first four years of the Act in operation. Here is a chart of how many applications were made in each 'year' (i.e. 1 March to 28/29 February) and whether they were successful (yielded a consent at the end - I'm not counting SPP or litigation), unsuccessful (withdrawn, rejected for examination or refused), or still in progress.

Note that I have put the Preesall gas storage project in the pending category since although it was refused, the refusal has been overturned by the courts. Also note that the application total is 46, although these relate to only 44 projects - the DIRFT III and Rampion wind farm applications were made twice.

So the first year did not cover itself with glory - just three applications were made against an estimate at the time of 35. One application was rejected for examination, one was withdrawn, and the third, 'successful' one, is Rookery South, which I have just learnt is still in the court system, an appeal having been made to the Court of Appeal by challenger FCC Environmental.

The second year was a success story, however. The number of applications rose to ten, nine were granted consent, and the one that was refused had the refusal overturned, so it could yet be a 100% success for applicants.

The regime was not out of the woods, though, since of the 14 applications in the third year, only five have made it to date, four were rejected or withdrawn and the other five are still pending. Not having acted on any rejected, withdrawn or refused applications, I don't know what the real reasons are for those fates but some of the withdrawals may well have been unrelated to the Planning Act regime.

The number of applications has grown steadily in the fourth year and all are not surprisingly pending given that an application takes over a year to be determined, except the withdrawn Atlantic Array project.

Length of time

How long are applications taking? Of the 16 to be determined, the length of time from application to decision, in ascending order, was as follows:

So with a couple of outliers (the Galloper windfarm project taking an unusually long time between the end of the representation period and the preliminary meeting, and the Able Marine Energy Park having had its decision period extended), the standard length of time for an application is working out at 15-16 months, more or less as predicted.

The regime seems to be working pretty well between application and decision, then. It seems to me that the areas that need attention are those outside that period - pre-application and post-decision. Changes already made to the Act, the 2014 review and the review of judicial review are all working towards addressing those areas so further improvements are in the offing.