Change description : 2025-10-22 13:09:00: Various updates including: land and rights negotiations tracking added to primary service features new programme document template added new section concerned with expectation of applicants when preparing to interact with the Planning Inspectorate style updates [Guidance and regulation]
In 2020, the National Infrastructure Strategy established a government ambition to accelerate and improve the decision-making process for major infrastructure projects, including those considered underunder The Planning Act 2008 (PA2008). (PA2008).This ambition was reinforced in 2022 within the British Energy Security Strategy which committed to establishing a process allowing some Nationally Significant Infrastructure Projects (NSIPs) to be capable of receiving a decision within 12 months.
Following an operational review of the PA2008 process beginning in 2021, the Department for Levelling Up, Housing and Communities (DLUHC) published an Action Plan setting out proposed reforms that would be implemented to ensure the PA2008 process can support the country’s future infrastructure needs. Between July and September 2023, DLUHC consulted on the details of the operational reforms and government’s response to the consultation was published on 6 March 2024.
The Planning Inspectorate has responded to the government brief by developing a new pre-application service which is set out in this, the 2024 Pre-application Prospectus. The key areas of operational reform supported within the Inspectorate’s new service are:
Thethe introduction of three3 pre-application tier options reflecting different levels of service that applicants may receive from the Inspectorate ahead of submitting an application.application
Thethe introduction of pre-application fees associated with the service under each pre-application tier, discharging government’s policy ambition for the Inspectorate to achieve full cost recovery for the services it provides.provides
Thethe introduction of a ‘Fast‘fast-track’ Track’procedure which will allow some applications, that are able to satisfy a new Qualityquality Standard,standard, to potentially receive a decision within 12 months from the point that the application is accepted for examination.examination
What does success look like and what does it depend upon?
The Inspectorate is confident that through these reforms our service will be substantially improved, providing applicants with better focused and more helpful advice, enhanced certainty of timescales and improved project outcomes. Through a collaborative effort involving statutory bodies, local authorities, and other stakeholders, the new pre-application service is expected to result in consistently smoother and potentially faster post-submission stages.
We note that the success of our service reforms has interdependencies with the progression of other government policy initiatives, including for example the update and ongoing maintenance of Nationalnational Policypolicy Statements.statements. The success of our service, and the achievement of government’s policy objectives, also has interdependencies with service reforms at other government bodies which have an advisory role in the PA2008 process. These interdependencies will be taken into account as the performance of the new service is monitored by the Inspectorate and wider government.
The 2024 Pre-application Prospectus supersedes the ‘Pre-application Prospectus for Applicants’ published in 2014, which is being withdrawn and should not be relied upon by projects entering the PA2008 system from May 2024.Furtherinformationabouttransitionalarrangements.2024.
The Inspectorate considers that the services set out in the 2024 Pre-application Prospectus are relevant to, and will add value for, all users of the PA2008 process. However, the prospectus establishes a service within the pre-application stage which is necessarily led, and paid for, by applicants. On this basis, the prospectus describes services which are predominantly framed around the interests and needs of applicants in relation to the submission of well-prepared applications.
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The pre-application stage – an overview
The main features of the pre-application stage in the PA2008 process are explained in government guidance.guidance. Government’s 2024 National Infrastructure Planning Guidance about the pre-application process. Additional details are provided within ourour advice AdvicePagespages which whichare also being updated to reflect and support the new service. As a frontloaded process, activities within the pre-application stage are of critical importance in preparing applications that, if accepted, are capable of receiving a decision within statutory timeframes and, where consent is granted, being delivered to meet the national need.
For applicants, in general terms the activities at the pre-application stage include:
Establishingestablishing early relationships with stakeholders affected by the project, including statutory bodies, local authorities, persons with an interest in the land affected by the project and the local community;community
developing relationships and, where relevant, agreeing requested levels of service with affected statutory bodies and local authorities, in accordance with the pre-applicationpre-application programme ProgrammeDocument,document, and andprogressing to resolution, where achievable, relevant issues raised by those bodies;bodies
developing relationships with other stakeholders, including the local community, and progressing to resolution, where achievable, relevant issues raised by those stakeholders;stakeholders
for relevant projects, seeking advice from the Inspectorate on the project’s suitability for aa fast-track FastTrackprocedure, and meeting associated requirements at the pre-application stage;stage
developing the design of the project to reflect the good design criteria in the relevant Nationalnational Policypolicy Statement(s);statement(s)
giving required notifications to the Inspectorate;Inspectorate
undertaking mandatory pre-application consultation and publicity;publicity
preparing and undertaking necessary project assessments, if required, such as Environmentalenvironmental Impactimpact Assessmentassessment (EIA) and Habitatshabitats Regulationsregulations Assessmentassessment (HRA);(HRA)
beginning the work necessary for obtaining other non-planning consents or licenses such as species licences or environmental permits;permits
preparing the application documents including the draft Developmentdevelopment Consentconsent Orderorder (DCO);and(DCO)
logistical preparations for post-submission stages including the identification of potential Preliminarypreliminary Meetingmeeting and hearing venues etc.etc
What does this mean for other people and organisations?
For other individuals and organisations affected by proposals under the PA2008, the pre-application stage represents the main opportunity to engage with the applicant to shape the proposal. After an application has been accepted for examination, there is limited scope for the substance of the proposals to change. This means that comprehensive stakeholder engagement at the pre-application stage is critical in order that their views may influence the final form of the submitted application.application. Further information in relation to engagement at the pre-application stage is provided in our Adviceadvice Pagespages.
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Section 51 advice and how it may change
Although the pre-application stage is led by the applicant, the Inspectorate can advise applicants and others with a view to ensuring an application is better prepared for post-submission stages, including the examination. This advice is issued underunder section 51 of the PA2008. Any section 51 advice that we issue is without prejudice to the acceptance decision underunder section 55 of the PA2008 and andany future decision taken by the relevant Secretarysecretary of Statestate about whether development consent should be granted. The relevant Secretarysecretary of Statestate is the Secretarysecretary of Statestate for the type of development under consideration, for example for highway-related NSIP development the Secretary of State for Transport is the decision-maker for applications.
We can provide advice to applicants on procedural matters and also provide an impartial view on questions relating to potential examination issues and the readiness of an application to proceed beyond the pre-application stage. Drawing on our experience, we can also provide advice about what to expect during post-submission stages, including the examination, and indicate approaches to best practice.practice. Within the new service, the extent of the advice service provided to applicants by the Inspectorate will be limited by thethe tier subscription of ofthe applicant.
For applicants, the type of advice available from the Inspectorate can include, depending on the tier subscription, the aspects of advice set out below:
The process and the application
Adviceadvice about procedural matters;matters
Adviceadvice emerging from an impartial view on questions which relate to potential examination issues;issues
Adviceadvice about the policy framework for a proposed application;application
Adviceadvice about the project design options being considered by the applicant;applicant
Adviceadvice about the consultation strategies, consent strategies and the programme for pre-application activities eg advising whether timescales are realistic or about any important omissions;omissions
Adviceadvice about the acceptance tests under the legislation and acceptance process;andprocess
Helpinghelping applicants to build and sustain good working relationships with relevant statutory bodies, local authorities and other stakeholders including the local community;community
Adviceadvice about what to expect in examination and examination risks based on experience of other cases;cases
Signpostingsignposting to good practice examples of application and examination documents and approaches;andapproaches
The Inspectorate has a duty underunder section 51 of the PA2008 to topublish any advice we give about applying for a DCO or making representations about an application, or proposed application, for a DCO. This duty reflects the importance of the pre-application stage and the role of the Inspectorate within it.
We seek to be helpful in advising applicants and other stakeholders about applications and our commitment to fairness, openness and impartiality means that we publish advice that we have given to any party regardless of whether that advice was given underunder section 51 of the PA2008. Where advice relates to a specific project, it is published on the relevant project page on the Find a National Infrastructure Project. website. If we issue advice at a meeting, a draft of the advice will always be shared with the meeting attendees before publication.
Within the new service project-specific advice given to applicants will be published in the form of an Adviceadvice Log.log. Every project will have an individual Adviceadvice Loglog which will be published and maintained on the relevant project page on the Find a National Infrastructure Project. website. A draft of the Adviceadvice Loglog will always be shared with the applicant for comment before publication. The Adviceadvice Loglog will be updated to record all advice that we issue to each applicant during pre-application, including any advice issued at project meetings.
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Publication of early advice and project information
We are conscious of the need to strike an appropriate balance between openness and enabling potential investors to protect sensitive information at the earliest stages of discussion. Some applicants feel that there may be occasions in the early stages of pre-application when they may be able to engage more fully with us if the publication of any advice given and any information about a project provided by an applicant to the Inspectorate did not immediately emerge into the public domain.
As explained above, we are required to publish any advice we give underunder section 51 of the PA2008. Whilst the PA2008 does not specify any time period within which such advice must be published, it implies an expectation that there should not be any unreasonable delay. Our openness policy sets an expectation that advice will be published as soon as practicable, except in circumstances where a reasonable delay is justified.
What happens where EIA Regulationsregulations are concerned?
Where an applicant has not yet submitted a request or notification underunder regulation Regulation8 of the EIA Regulationsregulations, it can ask us to delay publication of early project discussions by up to six6 months, specifically:
Publishingpublishing advice given to the applicant and other information relating to such advice;advice, and/ or
We will expect applicants to justify why delaying publication of such information is required for commercial confidentiality/ sensitivity reasons. We will not unreasonably decline any such request.
When an EIA Regulationregulation 8 request or notification is received, all advice given in relation to that project will be published at that point irrespective of whether or not six6 months have passed from the time information for the website was received, advice was given, or a meeting held for which we had agreed to a delay of publication. Once we have received an EIA Regulationregulation 8 request or notification, the existing practice of publishing all advice provided as soon as practicable will continue in the interests of openness and transparency.
Applicants should note our obligations under the Freedom of Information Act and the Environmental Information Regulations.regulations. These may, following a request, require us to disclose any unpublished information for which we have agreed to delay publication, either where an exemption or exception does not apply or, if in all the circumstances of the case, the public interest in disclosing the information outweighs the public interest in maintaining the exemption or exception.
In addition, all applicants are expected to have early (in confidence if necessary) discussions with affected statutory bodies, such as the statutory nature conservation bodies,bodies (SNCB), and affected local authorities, on the scope, where necessary, of their EIA and HRA (including consideration of alternatives and approaches to surveys). Any public record of these discussions will be subject to the individual policies of these bodies.
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Our new pre-application service
We recognise that our pre-application service is not ‘one size fits all’ and on that basis we have established flexibility through a new tiered approach to our service offer. This will enable a proportionate approach according to the needs of individual applicants. Different projects, and different applicants, will require different levels of engagement at the pre-application stage depending on, for example:
whether the applicant has experience of using the PA2008 process;process
whether the project’s system of stakeholders, including affected local authorities, have experience of the PA2008 process;process
the scale and location of the project;project
the complexity of the project issues and likely levels of agreement/ disagreement between the applicant and other key stakeholders, including affected statutory bodies and local authorities, at the point of submission;submission
the extent to which the project or approach to seeking consent is novel;novel
whether or not a relevant Nationalnational Policypolicy Statementstatement is designated, or otherwise the status of the designated Nationalnational Policypolicy Statement;andstatement
the level of local and national interest in a project.project
On this basis, we have developed three3 pre-application service tiers which are expected to be appropriate for the range of applications we provide advice and support in relation to.to. In all service tiers, all applicants are expected to engage five6 primary service features.features. The five6 primary service features.
What are the three3 tier options?
Tier 1: The basic service
Within the basic tier, direct interactions between the Inspectorate and applicants are minimised. Only statutory duties are discharged by the Inspectorate, including aan EIA screening and scoping service if engaged by the applicant. We consider that the basic tier could represent an appropriate service for very experienced applicants and low-complexity projects, for which an up-to-date relevant Nationalnational Policypolicy Statement(s)statement(s) is in place, seeking no or limited compulsory acquisition powers, and/ or which are likely to give rise to examination issues that are few and commonly considered by Examining Authorities.
In general, we consider that subscription to a basic tier service is a higher risk consenting strategy for most applications as there will be far less opportunity for us to inform any key matters of concern prior to receipt of the application. Some types of applications which subscribe to a basic tier service may be more likely to experience more challenging examinations and statutory maximum timeframes.
Tier 2: The standard service
Within this service tier, most applications should be capable of being prepared to a standard which enables them to be accepted for examination and examined within a proportionate period which is within the statutory six6 months maximum. This service tier includes project update meetings between the applicant and the Inspectorate at key milestones in the pre-application process, a standard draft documents review service and an embedded risk review process. Applicants may choose to develop one or more of the supplementary components identified within the enhanced tier service in order to optimise their application and minimise risk, but we will not provide focused support in the development of these components within the standard tier service.
We consider that the standard tier could represent an appropriate service for most projects ie those which are neither exceptionally straightforward nor exceptionally complex. Applicants will not however be enabled to qualify for aa fast-track FastTrackprocedure under underthe standard tier service. Although entry to a formalformal fast-track FastTrackprocedure is isnot enabled, where residual pre-application issues are minimised within a standard tier service, this will not prevent an examination from being shorter than the statutory six-months6-months maximum; in accordance with the discretion of the appointed Examining Authority.
Tier 3: The enhanced service
The enhanced tier features unique service offers including:
Thethe Inspectorate supporting the development of up to nine9 supplementary pre-application components which can assist in optimising applications prior to submission, increasing the likelihood of smoother and potentially faster post-submission stages. The Annexannex to this Prospectusprospectus providesprovides more information about supplementary pre-application components.components
Thethe Inspectorate adopting a facilitative and pre-emptive role, including withinwithin multiparty forums. A ‘pre-emptive’ role will involve the Inspectorate identifying project and programme risks based on its experience of the PA2008 process and providing advice to the applicant about how to offset or mitigate those risks.risks. More information about facilitation.facilitation
Enhancedenhanced Examining Inspector involvement in pre-application advice.advice
Thethe enablement of applicants to qualify for aa fast-track FastTrackprocedure through throughthe satisfaction of the Qualityquality Standard,standard, including associated support from the Inspectorate.Inspectorate
For non-Fastnon Trackfast-track applications, we consider that the enhanced tier will represent an appropriate service for projects that require or would benefit from system-wide coordination and support. These projects may be very complex, giving rise to likely examination issues which are numerous and less commonly considered by Examining Authorities.
What are the detailed arrangements for each service tier?
The table below establishes the detailed offering associated with the three3 service tiers available for applications. To engage our services applicants are requested to subscribe to one of the tiers at the pre-application stage of the process. We consider the basic tier to broadly align with our statutory duties in pre-application services (eg accommodating EIA screening and/ or scoping) with our levels of input increasing at the standard and enhanced tiers.tiers.
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Very experienced applicants, low-complexity projects, with an up-to-date relevant Nationalnational Policypolicy Statement(s)statement(s) in place, no or limited compulsory acquisition, and where the likely examination issues are few and commonly considered by Examining Authorities.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties only including section 51 advice and EIA screening/ scoping.
Section 51 advice
Advice normally limited to signposting to existing written resources including published advice, guidance and precedents established in other cases.
Meetings and interactions
Meetings with the Planning Inspectorate available to applicants at essential milestones only (maximum three3 meetings per annum) comprising:
Inceptioninception Meetingmeeting
Post-sectionpost-section 42 consultation meeting
Pre-submissionpre-submission meeting
In all service tiers, the occurrence of additional meetings (ie over the maximum occurrences per annum stated) may be agreed on a needs basis. Planning Inspectorate not available for involvement in multiparty forums, including Evidenceevidence Planplan process. No Examining Inspector involvement in pre-application advice.
Draft documents
No access to Planning Inspectorate draft documents review service.
Acceptance and post-submission risk
Risk review at outset, in conjunction with decision to proceed with basic tier offer.
£128,193 (+ £12,957 VAT)VAT) per peryear of service
Suitable projects
Potentially any project, apart from projects seeking qualification for aa fast-track FastTrackprocedure for forwhich an enhanced tier service is prerequisite.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties and supporting the preparation of applications which are:
Capablecapable of being accepted for examination;andexamination
capable of being examined within the statutory six-month6-month maximum.maximum
Applicants may choose to develop one or more of the supplementary pre-application components listed in the enhanced tier offer in order to optimise their application but will not receive focused support from the Inspectorate.
Section 51 advice
Issuing of procedural advice to support programme and advice to assist progression and/ or resolution of likely examination issues prior to submission.
Meetings and interactions
Meetings with the Planning Inspectorate available to applicants at key milestones, as requested/ required by applicant (maximum six6 meetings per annum), including:
Examining Inspector involvement in some elements of pre-application advice.
Draft documents
Standard draft documents review service available to applicants.applicants. Documents included in standard tier review service.Examining Examining Inspectors support review of draft DCODCO, explanatory memorandum and Explanatoryplanning Memorandum.statement .
Novel or very complex/ cross-sector interests where likely examination issues are numerous and less commonly considered by Examining Authorities,Authorities, not seeking Fasta Trackfast-track Consentprocedure but butrequiring or benefitting from system-wide coordination and support.
Planning Inspectorate role
Planning Inspectorate discharging statutory duties and performing an enhanced role supporting the preparation of applications which are optimised to facilitate an efficient and effective route to decision, with potential for certain projects to qualify for a Fastfast-track Trackprocedure. Supplementary pre-application components supportable by the Planning Inspectorate to optimise applications include:
Issuing of procedural advice to support programme and advice to assist progression and/ or resolution of likely examination issues prior to submission, including on a pre-emptive basis in accordance with increased Planning Inspectorate exposure to pre-application evidence.
Meetings and interactions
Where requested by the applicant, and agreed by the Planning Inspectorate, topic-based meetings with the Planning Inspectorate in addition to meetings at key milestones identified in standard tier offer (maximum nine9 meetings per annum). In all service tiers, the occurrence of additional meetings (ie over the maximum occurrences per annum stated) may be agreed on a needs basis. Offer of Planning Inspectorate involvement in non-Evidencenon-evidence Planplan multiparty forums, where agreed, including at thethe adequacy Adequacyof Consultationconsultation Milestone.milestone. This Thismay be in a chairperson or facilitator role.role. More information about multiparty meetings. Offer of Planning Inspectorate involvement in Evidenceevidence Planplan process, where engaged as agreed, as facilitator.facilitator. More information about the Evidenceevidence Planplan process.Enhanced Enhanced Examining Inspector involvement in pre-application advice, including potential deployment as facilitator in multiparty forums.
Draft documents
Enhanced draft documents review service available to applicants, which may consider more than one draft iteration of documents over time, as agreed in the pre-application Programmeprogramme Document,document, including:
Documentsdocuments reviewable under standard tier
Documentsdocuments associated with supportable components listed above
For the Inspectorate, the pre-application stage of the process begins with the applicant’s first organised interaction with us at anan Inceptioninception Meetingmeeting. Although the Inceptioninception Meetingmeeting represents the start of the pre-application process for the purposes of monitoring the timeframe for pre-application, the applicant will have been initialising its project, including through early engagement with relevant statutory bodies and local authorities, prior to this meeting over varying timescales.
The Inceptioninception Meetingmeeting will feature an introduction by the applicant to the Proposedproposed Development,development, confirmation of its requested service tier and presentation of its proposed programme for pre-application activities in aa programme ProgrammeDocument.document. The Theinception Inceptionmeeting Meetingalso marks the point at which invoicing for the Inspectorate’s pre-application services will commence.commence. Further information about the charges for our pre-application services.
It is expected that prior to the Inceptioninception Meeting,meeting, the applicant will have interacted with relevant statutory bodies and local authorities to explore, and where possible agree, the scope of services required to support the requested service tier and the proposed programme of pre-application activities. It will also be necessary for applicants to have established contact with the Inspectorate prior to the Inceptioninception Meetingmeeting to provide essential basic case information and and to prepare the agenda for the meeting.
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The tier of pre-application support provided will be agreed between the applicant and the Inspectorate at, or within a maximum of 28 days following, the Inceptioninception Meeting.meeting. To inform this agreement the applicant must notify the following basic information to us at least 14 days before the Inceptioninception Meetingmeeting is scheduled to take place:
Basicbasic information about the project including details of the applicant, the location of the project and a high-level description of the proposed development.development
Thethe applicant’s provisional opinion on the appropriate service tier.tier
Aa programme ProgrammeDocumentdocument covering coveringpre-application activities from the Inceptioninception Meetingmeeting to the submission of the application. It is accepted that there may be some uncertainty around elements of detail in this first iteration pre-application Programmeprogramme Document.document
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At the Inceptioninception Meeting,meeting, the applicant will elaborate on the basic information provided to inform agreement on the appropriate service tier. This will include a detailed description and explanation of the activities and predicted timescales established within the pre-applicationpre-application programme ProgrammeDocumentdocument. The detailed project description will include such elements as an outline of the main environmental issues/ constraints and the extent of any compulsory acquisition powers sought in relation to the project. The Inspectorate may ask clarifying questions about the information provided by the applicant and may ask for further information to inform identification of the appropriate service tier. The agreed tier will be kept under review throughout the pre-application stage and, if circumstances change, the applicant may be advised on the basis of risk to change its subscription to an alternative tier.tier. Further information about changing subscription.
It is assumed that, based on the facts of the case, the Inspectorate and the applicant will normally agree on the appropriate pre-application service tier. In circumstances where there is disagreement, the Inspectorate’s view will be final. We will only ever exercise this policy where we consider that a lower tier service is appropriate for the application in question. We will inform the applicant of our decision, with reasons, and will publish any associated advice underunder section 51 of the PA2008.
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Primary service features
Across all three3 tiers of pre-application service,service, all applicants are areexpected to engage the following five6 primary service features. We consider that these features are fundamental general requirements for improved service, certainty and outcomes:
1. Programme Documentdocument
The production and maintenance, by the applicant, of a pre-application Programmeprogramme Documentdocument setting out the main steps that the applicant anticipates taking during the preparation of the application. ThisFor projects entering the system from 1 November 2025, the programme document must be completed in the template provided below. The programme document will be introduced by the applicant at the Inceptioninception Meetingmeeting and its development and maintenance monitored by the Inspectorate throughout the pre-application stage. A public version of the pre-application Programmeprogramme Documentdocument must be published on the applicant’s website.
Updates to the pre-application Programmeprogramme Documentdocument should be communicated by the applicant proactively, with a clear description of the potential impacts on the requested services of the Inspectorate, relevant statutory bodies, local authorities and other stakeholders provided. As a minimum, it is expected for an updated programme document to be provided to the Inspectorate at least 10 working days before each programmed interaction with us . A reliable view of programmes across the NSIP portfolio is essential to enable these actors to resource and support the pre-application service effectively. In preparing and making updates to the pre-application Programmeprogramme Document,document, we expect applicants to be responsive and reasonable in tailoring programmes to support the engagement of statutory bodies and local authorities where required.
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2. Issues Trackertracker and Potentialpotential Mainmain Issuesissues for the Examinationexamination
The production and maintenance, by the applicant, of an Issuesissues Trackertracker throughout the pre-application stage. The expectation is for applicants to be upfront about issues and who they affect. The Issuesissues Trackertracker should be made available forto regularthe reviewInspectorate byat least 10 working days before each programmed interaction with us to help us to understand the Inspectorate,project issues, review progress and target advice. The issues tracker should also be made available to affected statutory bodies and local authorities inon orderan toequivalent encouragebasis dialogueand and,the whereissues possible,tracking achievein resolution.the document should record their input. The degree of risk associated with each issue identified in the tracker should be allocated a ‘RAG’ (red, amber, green) status. The Issuesissues Trackertracker may be sustained into post-submission stages subject to the discretion of the appointed Examining Authority.
The issues tracking process will culminate in a list of Potential‘potential Mainmain Issuesissues for the Examinationexamination’ (PMIE) which will be enteredsubmitted intoby the examinationapplicant aswith anthe applicationapplication. document.The PMIE should be a short document which, where possible, is agreed by relevant statutory bodies and local authorities. It is entirely separate from the later Initial‘initial Assessmentassessment of Principalprincipal Issuesissues’ (IAPI) developed by the appointed Examining Authority, but may, per any evidence within the application documentation, influence the content of the IAPI. The function of the PMIE (along withwith PADSS) is to demonstrate that there are sufficiently few and uncomplex residual issues to potentially allow for aar4-month four-monthexamination to be timetabled (in(in fast-track FastTrackprocedure cases) cases)and/ or to facilitate more robust preparation for examination and a smoother and more proportionate examination experience for all parties. In the enhanced tier service, a multiparty meeting may be convened by the applicant to assist finalisation of the PMIE.
How the Issuesissues Tracker,tracker, PADSS, PMIE and StatementsSoCG ofCommonGroundinteract
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3. Land and rights negotiations tracking
The development and maintenance of a land and rights negotiations tracker during the pre-application stage which consolidates the status of land and rights negotiations and informs pre-application interactions between the applicant and the Inspectorate. The tracker must be completed in one of the 2 templates provided below and should be made available to the Inspectorate at least 10 working days before each programmed interaction with us to help us to understand the land and rights issues, review progress and target advice in accordance with the tier service.
Experience shows that unresolved land and rights issues can complicate and extend the duration of post-submission stages. The development and maintenance of a land and rights negotiations tracker by the applicant to inform interactions with the Inspectorate can result in fewer Examining Authority written and oral questions and smoother, possibly faster, post-submission stages. The tracker will be submitted by the applicant as part of the land and rights evidence accompanying the application.
Two versions of the land and rights negotiations tracker are available:
Simplified land and rights negotiations tracker: Suitable for projects with a more limited and/ or less complex land and rights profile. The appointed Examining Authority may choose to continue to rely on the simplified land and rights negotiations tracker during the examination or may request for the information in it to be transferred to a detailed land and rights tracker at the pre-examination stage.
Detailed land and rights negotiations tracker: Suitable for projects with a more extensive and/ or complex land and rights profile, for example including special category and/ or crown land and/ or substantial statutory undertaker provisions. Projects with a land and rights profile of this type are encouraged to use the detailed land and rights negotiations tracker from the pre-application stage, and throughout the pre-examination and examination stages. It has additional features which are utilised to enable sorting and searching the information. These should be retained in the application and examination versions although only a PDF version will be published in each case.
The Inspectorate will provide advice to the applicant about which version of the land and rights negotiations tracker may be suitable for development during the pre-application stage according to the circumstances of each case.
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4. Advice Loglog
Engagement in the Inspectorate’s production of an Adviceadvice Loglog to replace meeting notes as a record of interactions between us and the applicant. Trials of the Adviceadvice Loglog approach have proved it to be an effective mechanism to streamline the way in which we record advice and free-up resources (both internal and external) to deal with other elements of the pre-application process which focus on improving the quality of the emerging application. The Adviceadvice Loglog is owned and maintained by the Inspectorate. After each meeting with the applicant, we will seek comments on drafting within the Adviceadvice Loglog from the applicant prior to publication on the Find a National Infrastructure Project. website. The applicant will use the Adviceadvice Loglog as the basis for demonstrating regard to section 51 advice within the application (see 5,6, below).
4.5. Adequacy of Consultationconsultation Milestonemilestone
Engagement in a pre-submission Adequacyadequacy of Consultationconsultation Milestonemilestone (AoCM) intended to allow early consideration of the adequacy of consultation undertaken by the applicant and minimise risk at the acceptance stage. The AoCM should be programmed to occur early enough to enable applicants to consider how to undertake any additional engagement that may be needed, but sufficiently towards the end of the pre-application stage to assess the adequacy of the consultation that has been done. To inform the AoCM, the applicant will make a written submission to the Inspectorate which establishes the consultation undertaken to date, confirms the approaches set out in the Statementstatement of Communitycommunity Consultation,consultation, and summarises the consultation responses and the way in which they are shaping the application. Importantly, it should include the views and any relevant supporting material from local authorities if available. The written submission will be published on the relevant project page on the Find a National Infrastructure Project. website.
The AoCM and associated activities will be established in the applicant’s pre-applicationpre-application programme ProgrammeDocumentdocument. In the enhanced tier service, where requested and required, an additional multiparty meeting, chaired/ facilitated by the Inspectorate, will be made available to discuss the AoCM submission including the views from local authorities.
5.6. Demonstrating regard to advice
The production of evidence, presented within the Consultationconsultation Reportreport accompanying the submitted application, demonstrating the applicant’s regard to the advice that the Inspectorate and affected statutory bodies have issued during the pre-application stage. This should highlight amendments to the application arising from advice received, and similarly provide justification where advice received has not led to an amendment to the application. This new requirement is expected to give rise to better evidence to support the applicant’s case for compliance withwith part Part5, Chapterchapter 2 of the PA2008, and give better confidence to the stakeholder system that the applicant has taken account of the statutory advice received and made reasonable efforts to submit an application that is in an optimised condition for post-submission stages, including the examination.
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Meetings between the applicant and the Inspectorate
The applicant and the Inspectorate interact at the meetings set out in the tier options above. These meetings will be held on a ‘virtual first’ basis. This means that the applicant and the Inspectorate will attend via Microsoft Teams (or equivalent). ‘In person’ meetings may be considered where circumstances are clearly justified in the interests of the process.
Meetings between the applicant and the Inspectorate provide an important opportunity for the applicant to update the Inspectorate about the project, the pre-application programme and emerging or ongoing issues relating to the project. The Inspectorate can issue advice at these meetings to assist the applicant in preparing an application that is optimised for post-submission stages.
All meetings between the applicant and the Inspectorate must be agreed in advance through the applicant’s programme document. The Inspectorate expects for any materials required to inform discussion at a meeting to be provided to us at least 10 working days before the meeting is programmed to take place. As a minimum, these materials will include:
the agenda for the meeting, which has been agreed with the Inspectorate
an up-to-date land and rights negotiations tracker
any other materials required to inform the agenda
Note that if the applicant provides a whole document as additional material to inform discussion, where relevant, and according to the service features available in the agreed tier, the applicant must identify the specific aspects within the document that it is seeking advice from the Inspectorate in relation to.
Applicants are encouraged to maximise the potential of any meetings programmed to occur with the Inspectorate. Agendas should be constructed proportionately and not dominated by background or repeated information about the project. Agendas should make clear the areas, topics or issues in relation to which the applicant is seeking specific input or advice from the Inspectorate.
The Inspectorate requires adequate notice to prepare effectively for meetings with the applicant. Where the above supporting information is not provided to the Inspectorate at least 10 working days in advance of a programmed meeting, the Inspectorate will request for the meeting to be rescheduled to accommodate provision of the required information. The rescheduled meeting must be programmed at a time that is agreed by the Inspectorate. Where this is not possible, the meeting will be removed from the pre-application programme without consequence to the service contract.
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Facilitation within the enhanced tier service
There are sometimes occasions when disagreement between an applicant and a key consultee about a certain aspect of a project can mean that progress is difficult to achieve. If such disagreements are not resolved during the pre-application stage, and the application is subsequently accepted, this could present challenges to everyone during the time-limited post-submission stages. There are also times when, for example, resource constraints within a statutory body may limit the amount of advice and engagement that can be offered to an applicant. This can result in project delays at the pre-application stage. Where this is the case, or to seek to prevent this from happening, within the enhanced tier service the Inspectorate can have a role in helping to facilitate a way forward.forward. More information about our interaction with the services of statutory bodies.
Our role as facilitator
For projects engaged in the enhanced tier service we are able to facilitate multiparty round table meetings, including within Evidenceevidence Planplan processes, with a view to optimising the evidence being prepared to support an application and/ or tackle potential blockages in the process to move an application forward. Typically, such meetings may involve the Inspectorate, applicant, relevant local authority and/ or any other relevant statutory bodies and will be undertaken on a ‘virtual first’ basis. This means that we will attend/ facilitate within multiparty forums via Microsoft Teams (or equivalent). ‘In person’ attendance may be considered where circumstances are clearly justified in the interests of the process. In accordance with our statutory duty under section 51 of the PA2008, any advice that we issue at a multiparty meeting will be published on the relevant project page on the Find a National Infrastructure Project. website. A draft of the advice will always be shared with the meeting participants for comment before publication.
Where it is agreed that we will adopt a facilitator role, we will aim to promote adherence to the agreed terms of reference, and to be fair, balanced and objective in our consideration of the issues. We will encourage productive discussion through interpretation of points raised by participants, the clarification and summarising of positions and active and open-ended questioning. In our role as a facilitator, we will communicate in terms of the risk that positions pose for acceptance, examination, recommendation and where applicable admission to aa fast-track FastTrackprocedure, and will work with parties to identify actions to overcome barriers to resolving issues. Where certain issues are not able to be fully resolved, we will encourage parties to narrow and focus specific areas of disagreement prior to submission of the application in order to allow for a more efficient and effective use of time at post-submission stages.
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Types of multiparty forums
Multiparty meetings within the Evidenceevidence Planplan process
An Evidence‘evidence Planplan’ is an optional way to agree and record the information the applicant needs to supply to the Inspectorate when applying for a DCO so that environmental issues arising from multiple assessments (for example EIA, HRA and/ or Floodflood Riskrisk Assessments)assessments) within the application can be efficiently identified, tracked, discussed and progressed. This process can lead to a smoother examination as it provides the opportunity for all parties to agree and provide certainty on proportionate assessments and for issues to be agreed outside the constraints of statutory timeframes.
The option to request and agree an Evidenceevidence Planplan is available to all applicants for proposed NSIPs that are in England, or England and Wales, and are entering the pre-application stage. It is an optional process, and resource constraints within a consultee body may limit the amount of advice and engagement they are able to provide. To oversee and monitor the progress of Evidenceevidence Plansplans during the pre-application stage, steering groups are formed which are able to agree/ sign off any issues that arise from Expert‘expert Topictopic Groups.groups’. Expert Topictopic Groupsgroups are formed of technical specialists who agree methodological and analytical assessment approaches. Both groups consist of attendees from the applicant and relevant statutory bodies. The Inspectorate can attend where requested and agreed.agreed. More information about the Evidenceevidence Planplan process is set out in our Adviceadvice Pagespages.
The Inspectorate’s structure and working principles for Evidenceevidence Planning,planning, and the details of the approach, are to be developed in discussion between the Inspectorate, the applicant and relevant statutory bodies. Before we can begin engaging with the Evidenceevidence Planplan process, we must have been provided with the applicant’s pre-applicationpre-application programme ProgrammeDocumentdocument including includingthe proposed activities and timeframes associated with the process. We must also have been given an opportunity to review and agree the applicant-owned terms of reference for the Evidenceevidence Planplan process. We will issue standard text establishing our role for the applicant to insert.
Our involvement in the Evidenceevidence Planplan process will be available to applicants within the standard tier and enhanced tier service, as set out below.below. Meetings undertaken within the Evidenceevidence Planplan component are in addition to the maximum annual service meetings, but do not attract additional charges within the parameters of the table belowbelow.. Some statutory bodies will charge for engagement in an Evidenceevidence Planplan process. Similarly, local authority participation may be governed by the terms of any Planningplanning Performanceperformance Agreementagreement (PPA) that is in place.
TIER 2: STANDARD
What is the Inspectorate’s role?
Observer only. The Inspectorate will provide high level advice on the implications of discussions held. We will review one iteration of the applicant’s notes of the meeting which are to be circulated within five5 working days of the meeting.
Up to five5 meetings. The Inspectorate’s attendance at these five5 meetings can be a mix of steering group and Expertexpert Topictopic Groupgroup meetings. The applicant, in conjunction with relevant statutory bodies, will advise us accordingly.
What is the required notice period for meetings and the information required?
The schedule of Evidenceevidence Planplan activities (including meetings) should be provided to the Inspectorate before the process formally begins, within the pre-applicationpre-application programme ProgrammeDocument.document. For Forany additional meetings, in order to resource attendance and make appropriate preparations, we require a minimum of six6weeks’ weeks’notice to participate.
A minimum of ten10 working days prior to each meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting. This information should be adequately detailed, including key assumptions and evidence in support of any proposed approach/ conclusion.
Who will attend from the Inspectorate?
The Inspectorate’s Environmental Services Team.
How will the Inspectorate engage with the SNCBs out of project-specific Evidenceevidence Planplan meetings?
The Inspectorate will be available to engage with the relevant statutory bodies to discuss progress in the resolution of issues, including how our engagement could be of assistance.
TIER 3: ENHANCED
What is the Inspectorate’s role?
Observer and/ or facilitator as required. As a facilitator, the Inspectorate will actively engage to progress the resolution of outstanding issues and take actions away. We will review one iteration of the applicant’s notes of the meeting which are to be circulated within five5 working days of the meeting.
How will the Inspectorate attend?
Maximum number of five5 in-person meetings per annum (can be a mix of steering group and Expertexpert Topictopic Groupgroup meetings). All other meetings will be attended virtually.
How many meetings can the Inspectorate attend?
Up to eight8 meetings. The Inspectorate’s attendance at these eight8 meetings can be a mix of steering group and Expertexpert Topictopic Groupgroup meetings. The applicant, in conjunction with relevant statutory bodies, will advise us accordingly.
What is the required notice period for meetings and the information required?
The schedule of Evidenceevidence Planplan activities (including meetings) should be provided to the Inspectorate before the process formally begins, within the pre-applicationpre-application programme ProgrammeDocument.document. For Forany additional meetings, in order to resource attendance and make appropriate preparations, we require a minimum of six6 weeks’ notice to participate.
A minimum of ten10 working days prior to each meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting. This information should be adequately detailed, including key assumptions and evidence in support of any proposed approach/ conclusion.
Who will attend from the Inspectorate?
The Inspectorate’s Environmental Services Team and/ or an Examining Inspector, dependent on stage in the process and agenda items/ issues being discussed.
How will the Inspectorate engage with the SNCBs out of project-specific Evidenceevidence Planplan meetings?
In addition to the offer at the standard tier, where issues are identified, the Inspectorate may proactively engage the relevant statutory bodies to understand the issues in greater detail and offer advice on implications.
Multiparty meetings outside of the Evidenceevidence Planplan process
It may be appropriate for the Inspectorate to be involved in multiparty meetings outside of an established Evidenceevidence Planplan process, either because an Evidenceevidence Planplan process has not been engaged in relation to a particular project, or because the subject or issue for discussion at the meeting is not directly related to an environmental matter covered within the scope of the Evidenceevidence Plan.plan. We may attend such a multiparty party meeting either on an observer/ advisory basis within the standard tier service, or in a facilitator or chairperson role within the enhanced tier service. Our involvement will be determined in discussion with the applicant, affected statutory bodies and/ or local authorities.authorities. Inspectorate involvement in multiparty meetings is not available to applicants which have subscribed to the basic tier service.
Who can attend a multiparty meeting?
Local authority officers, the applicant, the Inspectorate, relevant statutory bodies, other interest groups. Some statutory bodies will charge for attendance at such meetings. Similarly, local authority participation may be governed by the terms of any PPA that is in place.
When should a multiparty meeting take place?
Depending on the project, a multiparty meeting could be held before the applicant starts statutory consultation or following close of the final round of section 42 consultation. The timing of a multiparty party meetings will be optimised based on the facts of individual cases, including the theme or issue for discussion. A multiparty meeting can be requested by the applicant, affected statutory bodies or local authorities. Where a multiparty meeting is requested to take place, the requesting party must provide clear reasons, purpose and intended outcomes.outcomes. The final decision on whether a requested multiparty meeting will be convened will always rest with the applicant.
How many multiparty meetings can the Inspectorate attend?
The number of multiparty meetings available for applicants to request the Inspectorate to attend is included in the total number of meetings per annum applicants are entitled to in each tier.
What notice of meetings is required by the Inspectorate and what information is required?
In order to resource attendance and make appropriate preparations, we require a minimum of six6 weeks’ notice to participate.
A minimum of ten10 working days prior to a multiparty meeting, the applicant will circulate the relevant information to us ensuring that we can fully prepare for the meeting.
The Inspectorate’s Case Team and/ or Environmental Services Team and/ or an Examining Inspector, dependent on stage in the process and agenda items/ issues being discussed.
What is the purpose of multiparty meetings?
To understand:
Whatwhat the process requires of each party and to agree response timings;timings
any issues that are potentially difficult to achieve agreement on during the pre-application stage;stage
what the implications of any unresolved issues are for the parties and for the statutory process;process
what action is required by relevant parties prior to submission of the application and what the timescale is for addressing particular issues;and/orissues
whether all parties are prepared for the acceptance and post-submission stages.stages
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Review of draft application documents
In the standard and enhanced tier services the Inspectorate can review certain draft application documents during the pre-application stage.stage. There is not access to a draft documents review service within the basic tier service.
Draft documents review allows us to give advice about the standard of the documentation, any aspects that may need clarification and any procedural omissions prior to submission. It also helps us to understand more about the proposed application and to prepare for the submission so that we can deal with the application within statutory timeframes, and potentially faster.
Experience has shown that our review of draft documents can help to avoid possible problems before they arise, resulting in a smoother experience at post-submission stages for the applicant and other Interestedinterested Parties.parties. Our approach to reviewing draft application documents is set out in the table below.
Which draft documents can the Inspectorate review?
The Inspectorate can review the following draft application documents within thethe standard tier service:
Draftdraft DCO, including protective provisions and/ or draft deemed marine licence(s)
Draftdraft sample Worksworks Plansplans and Landland Plansplans
Draftdraft Consultationconsultation Reportreport including section 42 consultee list
Draftdraft HRA report
Note that where there are no or minimal HRA issues associated with a project, review of the draft HRA report may be substituted for a different document or part-document review, for example a draft topic chapter or specific topic issues in the environmental statement. Applicants should discuss this option with the Inspectorate’s project team and, where agreed, record the substitution in the programme document.
In addition to the draft documents that can be reviewed in the standard tier service, in thethe enhanced tier service the thefollowing draft documents can also be reviewed:
The Inspectorate is unable to review draft Environmentalenvironmental Statementsstatements in their entirety due to the size of documents. Applicants are encouraged, however, to share draft chapters of the Environmentalenvironmental Statementstatement with relevant statutory bodies and local authorities at the pre-application stage.
When should draft documents be prepared and how long does the review stage last?
Applicants are encouraged to start preparing application documents sufficiently early (for example before statutory consultation). Standard and enhanced tier applicants should carefully consider the best time to provide draft documents to us. The more complete the documents are when provided to us, the more thorough our advice can be. This needs to be balanced against seeking advice on key elements sufficiently early to frame and shape project development.
Due to the volume of material, standard and enhanced tier applicants must allow sufficient time for the Inspectorate to review draft documents. The submission of draft documents must be established in the applicant’s pre-applicationpre-application programme ProgrammeDocument,document, allowing allowing6 sixweeks for the Inspectorate to review the documents and provide feedback. This may be shorter or longer depending how complex and novel a project or the issues it raises might be, subject to our agreement.
Standard and enhanced tier applicants must provide sufficient time to allow for the Inspectorate’s comments on draft documents to be reflected in the final form of the submitted application. This Thisis essential in relation to the requirement for applicants to demonstrate regard to the Inspectorate’s pre-application advice in the Consultationconsultation Report.report.
Who reviews draft documents?
Within the standard tier service, draft document reviews will generally be undertaken by suitable persons within the allocated project team at the Inspectorate. The review of the draft DCODCO, draft explanatory memorandum and draft Explanatoryplanning Memorandumstatement will be undertaken by an Examining Inspector(s).
Within the enhanced tier service, draft document reviews will be undertaken by the project team with support across the suite of documentation by an Examining Inspector(s).
How is advice on draft documents given?
Normal practice is to give advice on draft documents in writing. This written note (recorded within thethe advice AdviceLoglog) then thenforms the agenda at a subsequent meeting at which the applicant can seek clarifications about the written advice issued by the Inspectorate. In some circumstances we can take a different approach, to be agreed between the applicant and ourselves. In all cases, our advice on draft application documents is published.
Who else should the applicant share draft documents with?
All applicants, including those within the basic tier service, are expected to share relevant draft application documents with key stakeholders, enabling those stakeholders to provide a response, outlining any areas of concern or disagreement. This can be carried out as part of an applicant’s consultation under section 42 of the PA2008 and/ or at other appropriate points established in the pre-applicationpre-application programme ProgrammeDocumentdocument.
For example, as a minimum, we would expect relevant provisions within the draft DCO to be shared with any party specifically affected by them, including those responsible for the discharge or enforcement of requirements, and those affected by any protective provisions. The expectation is that as many matters as possible are agreed with those directly affected by the drafting of the DCO prior to submission of the application.
We also expect applicants to share draft Environmentalenvironmental Statementstatement chapters with statutory bodies, local authorities and other relevant stakeholders where they are aware that they may have substantial interests that may need addressing. Sufficient time should be established in thethe programme ProgrammeDocumentdocument for forany requested responses to be reflected in the final form of the Environmentalenvironmental Statement.statement.
Some statutory bodies will charge for advice given in response to draft documents. Similarly, local authority responses may be governed by the terms of any PPA that is in place.
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The Fastfast-track Trackprocedure and the Qualityquality Standardstandard
Government has established a new policy framework which will allow some NSIPs to be capable of receiving a decision within 12 months from the point at which the application is accepted for examination. To realise this timeframe, applicants may apply to the Inspectorate to be considered for a Fastfast-track Trackprocedure. Admission to a Fastfast-track Trackprocedure will require the application to be examined in a statutory maximum period of four4 months. Under conventional PA2008 timescales the statutory maximum period for the examination is six6 months.
Whilst the Inspectorate will have control of delivering examinations in a maximum of four4 months, and producing a recommendation within two2 and a half months, achieving the 12 months target set by government will also require:
Substantialsubstantial investment by the applicant, set out below, including a commitment, for elements within its control, to minimise the duration of the pre-examination stage to a maximum of three3 months;months
investment in the shortened timescales by affected statutory bodies and local authorities throughout pre-application and post-submission stages, including the examination;andexamination
the relevant Secretarysecretary of Statestate in each case to uphold a non-statutory commitment to produce its decision on whether development consent should be granted within two2 and a half months.months
Preparing an application to be considered for a Fastfast-track Trackprocedure
Before deciding whether to apply for a Fastfast-track Trackprocedure, applicants should consider carefully whether this consenting strategy is appropriate and realistic in relation to the project they are promoting. Considerations in this respect will include, amongst other things:
Thethe novelty and complexity of likely issues associated with the application and the likelihood of those issues being resolved at pre-application, and/ or within shorter post-submission process timeframes;timeframes
whether the application is likely to give rise to change requests post-submission;post-submission
the levels of local, national and cross-sector interest in the project;andproject
the status of any relevant Nationalnational Policypolicy Statement(s).statement(s)
The applicant’s interest in a Fastfast-track Trackprocedure should be established at the Inceptioninception Meetingmeeting at which the Inspectorate will provide advice to the applicant in relation to the suitability of its application for a Fastfast-track Trackprocedure, including consideration of the required interactions with affected statutory bodies and local authorities.
The applicant’s interest in a Fastfast-track Trackprocedure should be established at the Inceptioninception Meeting.meeting. To inform the Inceptioninception Meeting,meeting, the applicant must establish within its pre-applicationpre-application programme ProgrammeDocumentdocument the themain matters that, to qualify for a Fastfast-track Trackprocedure, the applicant will need to cover in addition to the normal pre-application requirements. For applicants seeking to qualify for a Fastfast-track Trackprocedure, the pre-applicationpre-application programme ProgrammeDocumentdocument must mustinclude:
an indicative programme setting out the keys steps in the preparation of the Fastfast-track Trackprocedure application to the point of submission;submission
a summary of the policy context for the application;application
the potential issues that require input from statutory bodies, including for relevant projects an indicative Evidenceevidence Planplan process timetable;timetable
for relevant projects, an indicative programme for the preparation of an Information‘information to Informinform Habitatshabitats Regulationsregulations Assessmentassessment Report,report’, with endorsement by the relevant statutory nature conservation body;body
a clear position on, and activities to support, the intended design approach and level of detail likely to be provided in the final application;application
activities relating to the development of, and engagement on, key application documents including the draft DCO and Explanatoryexplanatory Memorandum;andmemorandum
details of any licencing requirements or non-planning consents not included in the draft DCO that are needed.needed
The Inspectorate will continue to provide advice on the suitability of the application for a Fastfast-track Trackprocedure as the pre-application programme develops.
Following the Inceptioninception Meeting,meeting, and as established within the pre-applicationpre-application programme ProgrammeDocumentdocument, an applicant seeking to qualify for a Fastfast-track Trackprocedure must discharge the following procedural steps:
Subscribesubscribe to use the Inspectorate’s enhanced tier pre-application service;service
within itsits PA2008 section 42, section 47 and section 48 statutory statutorynotification and consultation materials, provide written confirmation/ notification of its intent or potential to apply for a Fastfast-track Trackprocedure;procedure
prior to statutory consultation, publicise its programme of relevant activities, milestones and dependencies (required for both Fastfast-track Trackand non-Fastnon Trackfast-track procedures), ensuring transparency and meaningful engagement in progress towards meeting the Qualityquality Standard;andstandard
provide a Fastfast-track Trackadmission Admissiondocument Documentaccompanying the application submission, setting out how in the applicant’s view the application satisfies the Qualityquality Standard.standard
Demonstrating satisfaction of the Qualityquality Standardstandard
The Qualityquality Standardstandard test is applied by the Inspectorate, on behalf of the Secretarysecretary of State,state, during the 28-day Acceptanceacceptance stage. A provisional decision on the application’s suitability for a Fastfast-track Trackprocedure is made at the same time as the Acceptanceacceptance decision. The non-statutory decision on the suitability of the application for a Fastfast-track Trackprocedure, and the Qualityquality Standardstandard test, is entirely independent of the decision and tests relating to the acceptance of the application underunder section 55 of the PA2008. On this basis, affected applicants will receive two2 separate decisions; the application may be accepted for examination but refused entry to a Fastfast-track Trackprocedure.
The Fastfast-track Trackadmission Admissiondocument Documentis not in a prescribed format but must clearly evidence how the main and supplementary tests comprising the Qualityquality Standardstandard are satisfied, including how each of thethe required supplementary components for a Fastfast-track Trackprocedure have havecontributed. As part of this, in support of the main test, the Fastfast-track Trackadmission Admissiondocument Documentmust include as appendices thethe PADSS produced producedby relevant consultees. This will allow the conclusions drawn by the applicant within the Fastfast-track Trackadmission Admissiondocument Documentto be verified by the Inspectorate. The document is also expected to include as an appendix aa policy Policycompliance ComplianceDocumentdocument.
Within the enhanced tier pre-application service, the applicant will receive focused support from the Inspectorate in preparing actions and evidence to support satisfaction of the Qualityquality Standard,standard, including the Fastfast-track Trackadmission AdmissionDocument.document.
The Fastfast-track Trackprocedure decision
If having considered the Fastfast-track Trackadmission Admissiondocument Documentand supporting evidence the Inspectorate considers that the application satisfies the Qualityquality Standard,standard, we will issue a decision to the applicant confirming provisional admission to a Fastfast-track Trackprocedure. A Fastfast-track Trackprocedure, however, cannot be confirmed until the appointed Examining Authority has received and considered all Relevantrelevant Representationsrepresentations later in the pre-examination stage. This establishes an essential opportunity for the Examining Authority to be satisfied that new evidence within the Relevantrelevant Representationsrepresentations would not prevent the application from being examined in a maximum of four4 months. After the Examining Authority has considered the Relevantrelevant Representations,representations, the Inspectorate will issue a final decision about whether the application will be progressed through a Fastfast-track Trackprocedure.
If the application is endorsed for a Fastfast-track Trackprocedure, the Examining Authority will develop a draft up to four-month4-month examination timetable in accordance withwith rule Rule6 of the Examinationexamination Rulesrules. If the application is not endorsed for a Fastfast-track Trackprocedure, the Examining Authority will develop a draft up to six-month6-month examination timetable in accordance with conventional statutory timeframes. Within conventional statutory timeframes, the ExA’s discretion to complete the examination in less than six6 months is always retained.retained. Our Adviceadvice Pagespages provide information about the preparation of the draft examination timetable.
Preparing for a Fastfast-track Trackprocedure and the decision process
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Recovering the cost of our pre-application services
The charges below are reflective of the anticipated days and mix of input required by the Inspectorate to deliver each tier of service, including Inspector, support staff and overhead costs and, as appropriate, a waiver in part using the relevant day rate figure stated inin The Infrastructure Planning (Fees) (Amendment) Regulations 2024.
Service tier
Cost to the applicant
Level of support
Number of days charged at 63% of relevant day rate (£1,474.65) (waiver in part)
Number of days charged at full relevant day rate (£2,339.10)
TIER 1: BASIC
£63,410 per year of service
Support + Overheads
43
0
TIER 2: STANDARD
£128,193 (+ £12,957 VAT) per year of service
Support + Overheads + Inspector
79
5
TIER 3: ENHANCED
£212,400 (+ £29,798 VAT) per year of service
Support + Overheads + Inspector
125
12
In accordance withwith Managing public money - GOV.UK (www.gov.uk), the Inspectorate cannot make profit on the overall services we provide. The charges applied relate solely to the work of the Inspectorate and not any pre-application support provided to the applicant by other organisations. The charges will be reviewed periodically and subject to adjustment in line with consumer price index annually and the Feesfees Regulationsregulations amendments. We will review the levels of service and the cost of the service to applicants periodically.
We will raise invoices in advance in order to resource the service, typically twice a year, in April and October. Where an applicant joins the pre-application service mid-way through any invoicing period, charges will be applied pro rata for that period on a whole month basis.
In accordance with Planning Act 2008: Infrastructure Planning (Fees) Regulations 2010 - cost recovery by the eventPlanning ofInspectorate non-payment,and wepublic authorities - GOV.UK If the applicant fails to pay the fee within 28 days, the Planning Inspectorate will not provide the applicant with any further pre-application serviceservices as(including otherwiseEIA agreedscreening or scoping) or take any further steps in relation to the proposed application. If there is a failure of payment, the Planning Inspectorate is able to choose not to engage with the applicant. Thisproject until payment has been made. This includes activities relating to the preparation and issuing of a Scopingscoping Opinion.opinion. Applicants are encouraged to refer to the timescales set out in this Prospectusprospectus and ensure that their Programmeprogramme Documentdocument allows adequate time between the Inceptioninception Meetingmeeting and submission of a Scopingscoping Requestrequest for:
agreement on the service tier to be confirmed;confirmed
the invoice and notification to be issued by the Inspectorate;andInspectorate
payment to be received by the Inspectorate.Inspectorate
Applicants are asked to keep the Inspectorate informed on the initiation and progress of payments throughout this process.
We understand that depending on the maturity of the proposed project, some applicants may want to embark on a lower-level tier service at the Inceptioninception Meetingmeeting prior to moving into a different tier as the project evolves. We would expect any applicant to provide at least three3 months’ notice of any desire to change tier and the likelihood and timing of this would be expected to be identified in the associated pre-applicationpre-application programme ProgrammeDocumentdocument. We cannot guarantee that such requests to move up a tier will be agreed in light of likely competing demand for service provision but will accommodate where possible. Applicants are therefore advised to consider their intended approach to pre-application support carefully and in consultation with the Inspectorate, relevant statutory bodies and local authorities as early as is practicable. Any agreed uplift in service provision will be chargeable in advance and this will be on a whole month basis.
We will review the pre-application service over time and could agree with an applicant additional service offerings which may require a supplementary fee. Any supplementary service would be subject to the appropriate daily rate for the chosen pre-application service tier. It is unlikely that any additional service offerings will be available in the first year whilst the new process is being established.
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Interaction with the services of statutory bodies
The Inspectorate has good working relationships with the statutory bodies relevant to the PA2008 process and maintains regular contact about the issues arising from our collective experience, but it is not the role of the Inspectorate to ensure or monitor the performance of their pre-application services on behalf of the applicant and/ or the body’s parent government department.
The pre-application stage of the PA2008 process is driven by the applicant, but the quality of applications and the success of service reforms is dependent upon the performance of multiple actors within the PA2008 process, including statutory bodies. Some statutory bodies have an important role in advising applicants on the preparation of evidence to support applications. The services associated with this function are set out in separate resources owned and maintained by those statutory bodies and may have charges associated with them. It is for the applicant to access these resources and ensure that the required services of statutory bodies are programmed effectively through early and direct interactions with those bodies. All required or requested interactions with statutory bodies and local authorities should be established in the applicant’s pre-applicationpre-application programme ProgrammeDocumentdocument.
If you are interested in finding out more about our pre-application services, please contact us. If you are a potential applicant and have not previously talked to us about your project, please contact us on 0303 444 5000 or atat nienquiries@planninginspectorate.gov.uk.
If you are an existing applicant and already have an identified Case Manager/ Operations Manager, please contact them to discuss how the changes to our pre-application services affect you. If you do not have an identified Case Manager/ Operations Manager, please contact us using the details provided above.
Paragraph: 017 Reference ID: 1-017-20240516
Revision date: 16 05 2024
Annex – Supplementary pre-application components
Planning Inspectorate support in the development of the supplementary pre-application components detailed in this annex is available to applicants that have subscribed to thethe enhanced service tier. Development of these components is expected to assist in optimising applications for smoother and potentially faster post-submission stages.
Enhanced tier applicants that are not seeking admission to aa fast-track FastTrackprocedure are arenot compelled to develop all of the supplementary components on offer, dependent upon the characteristics of the application in question. The suitability of individual components in relation to an application will be discussed with the Inspectorate at the Inceptioninception Meetingmeeting and confirmed at an early stage in the applicant’s programme.
Applicants seeking to qualify for aa fast-track FastTrackprocedure are areencouraged to develop all supplementary components, but the components indicated in the table below are required:
Supplementary component
Required for FastTrack?fast-track?
Component 1: Evidence Planningplanning
No
Component 2: Use of pre-application Principalprincipal Areasareas of Disagreementdisagreement Summarysummary Statementsstatements
Yes
Component 3: Production of Policypolicy Compliancecompliance Documentdocument
Yes
Component 4: Production of Designdesign Approachapproach Documentdocument
Yes
Component 5: Production of mature outline control documents
Yes
Component 6: Use of multiparty meetings (non-Evidence(non-evidence Plan)plan)
No
Component 7: Preparation of Compulsorycompulsory Acquisitionacquisition and Temporarytemporary Possessionpossession evidence
Yes
Component 8: Preparation evidence to support the Publicpublic Sectorsector Equalityequality Dutyduty
Applicants that subscribe to thethe standard service tier may maychoose to develop one or more of the supplementary components listed below but will not receive the focused Inspectorate support described in this annex.
The value offer and roles in relation to the development of supplementary pre-application componentscomponents
COMPONENT 1: Evidence Planningplanning
An Inspectorate role in the development of an Evidenceevidence Planplan can have a variety of positive effects on the experience and outcomes of the process. The value added through Inspectorate involvement is reflected in feedback from various statutory bodies which report that our engagement can positively influence interactions and the progression of issues. Establishing final, and where possible agreed, positions between the parties engaged in the Evidenceevidence Planplan process can help to narrow and focus the issues that may require further consideration at post-submission stages, making for a smoother and potentially faster process for everybody involved.
The applicant’s role: To drive an optimised Evidenceevidence Planplan where there are complex or substantial/ numerous environmental issues arising from the Environmentalenvironmental Impactimpact Assessment,assessment, Habitatshabitats Regulationsregulations Assessment,assessment, Floodflood Riskrisk Assessmentassessment etc. These issues/ disagreements should be identified, and the programme agreed with affected statutory bodies and local authorities as early as possible in the pre-application stage and shared with the Inspectorate. The process will be investigative, and solution/ agreement focussed. The final positions reached at the completion of the Evidenceevidence Planplan should be reflected in thethe issues IssuesTracker.tracker.
COMPONENT 2: Use of pre-application Principalprincipal Areasareas of Disagreementdisagreement Summarysummary Statementsstatements
Pre-application Principalprincipal Areasareas of Disagreementdisagreement Summarysummary Statementsstatements (PADSS) provide a mechanism for consultees to present unfettered evidence to the pre-application process. Based on this evidence the Inspectorate can identify and explore key areas of disagreement with the applicant before the application is submitted. This will provide the applicant with an opportunity to provide clarifications and/ or take action, where appropriate, and to optimise how areas of disagreement are presented in the application. Pre-application PADSS can help to narrow and focus the issues that may require further consideration by an Examining Authority at post-submission stages, making for a smoother and potentially faster process for everybody involved.
The applicant’s role: To initiate pre-application PADSS with relevant consultees from the beginning of the pre-application stage. Pre-application PADSS are owned and authored by consultees. The expectation is for Pre-applicationpre-application PADSS to be periodically updated by consultees post-submission, contributing towards agreed Statementsstatements of Commoncommon Groundground in reasonable advance of the Examinationexamination close. PADSS will supplement, not replace, the preparation of Statementsstatements of Commoncommon Ground.ground. More information on the relationship between pre-application PADSS and Statementsstatements of Commoncommon Ground.ground.
PADSS are designed to:
Provideprovide a record of the pre-application areas of disagreement from the perspective of the consultee;and/orconsultee
in relation to an application for aa fast-track FastTrackprocedure, assist the decision about whether the number and complexity of residual issues at the point of submission would preclude an application from achieving a robust examination within a maximum of four4 months.months
PADSS should be prepared by consultees with areas of disagreement presented in priority order.
The Inspectorate’s role: To elevate the status of PADSS as key evidence informing pre-application interactions with the applicant. The Inspectorate will monitor and query the status of issues identified in PADSS with the applicant, and where appropriate consultees, in pre-application interactions.
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COMPONENT 3: Production of Policypolicy Compliancecompliance Documentdocument
The development by the applicant of a Policypolicy Compliancecompliance Documentdocument (PCD) will establish a resource which may assist a variety of stakeholders, but it will have particular value for appointed Examining Authorities. We have heard from Examining Authorities that the presentation of policy evidence in the PCD format helps them to monitor the performance of the application against policy requirements and objectives in a systematic way, improving the post-submission experience for all. Applicants can expect that the development of a PCD may result in fewer written and oral questions to them and other Interestedinterested Partiesparties concerning the policy case, allowing resources to be focused on other important areas of the examination.
The applicant’s role: To prepare a PCD to accompany its application. This is a separate document to the Planningplanning Statementstatement required inin government’s 2024 National Infrastructure Planning Guidance about the pre-application process. The PCD will include itemised evidence for how the policy requirements established within any relevant Nationalnational Policypolicy Statement(s)statement(s) (and/ or emerging drafts) and other important national and local policy documents are satisfied by the application. It should be approached section by section/ requirement by requirement and outline the applicant’s response with links to (a) evidence in the Environmentalenvironmental Statement,statement, (b) the outcomes and (c) where they are secured.
Relevant consultees (including policy owners) should be asked by the applicant to input on the scope of the PCD during pre-application, with updates on its development provided to those consultees and the Inspectorate at appropriate intervals. The applicant will be frank/ upfront about policy issues with potential implications for post-submission stages, including the examination.
The Inspectorate’s role: To provide focused support in the applicant’s development of the PCD, including a draft PCD review service with relevant expert input. The Inspectorate will require updates from the applicant on its preparation of the PCD and will query input/ consensus from relevant consultees (including policy owners). The Inspectorate will maintain detailed advice concerning the preparation of PCDs and signpost to good example PCDs prepared for decided cases.
The Inspectorate will work with applicants to establish the different functions of the Planningplanning Statementstatement and the PCD in the course of their development.
COMPONENT 4: Production of Designdesign Approachapproach Documentdocument
The development by the applicant of a Designdesign Approachapproach Documentdocument (DAD) will assist the Examining Authority and Interestedinterested Partiesparties to understand the preparation and evolution of the design case from project inception, providing important context for the design of the project presented in the final form of the application. We expect that the production of a DAD will assist Examining Authorities in considering the satisfaction of design-related policy requirements established in relevant Nationalnational Policypolicy Statement(s).statement(s). Applicants can expect that the development of DAD may result in fewer written and oral questions to them, and other Interestedinterested Parties,parties, concerning the design case, allowing resources to be focused on other important areas of the examination.
The applicant’s role: To prepare a DAD to accompany its application which sets out how the application satisfies design criteria in eg any relevant Nationalnational Policypolicy Statement(s)statement(s) and best practice guidance. The DAD is a separate product to the Designdesign Principlesprinciples Statementstatement (or equivalent), which is also typically provided by applicants in support of NationallyNSIP SignificantInfrastructureProjectapplications.applications. More information about the format and content of a DAD willis beprovided in our Adviceadvice Pagespages.
Relevant consultees (including policy owners) should be asked by the applicant to input on the scope of the DAD during pre-application, with updates on its development provided to those consultees and the Inspectorate at appropriate intervals.
The Inspectorate’s role: To provide focused support in the applicant’s development of the DAD, including a draft DAD review service with relevant expert input. The Inspectorate will require updates from the applicant on its preparation of the DAD and will query input/ consensus from relevant consultees. The Inspectorate will maintain detailed advice concerning the preparation of DADs and signposting to good example DADs prepared for decided cases.
The Inspectorate will work with applicants to establish the different functions of the Designdesign Principlesprinciples Statementstatement (or equivalent) and the DAD in the course of their development.
COMPONENT 5: Production of mature outline control documents
The preparation of mature outline control documents to support the application submission, which are agreed by affected stakeholders, is likely to result in fewer written and oral questions for the applicant and other Interestedinterested Partiesparties concerning the construction and operationalisation of the Proposedproposed Development.development. We have heard from Examining Authorities that the provision of underdeveloped outline control documents with the application can demand substantial time and effort at post-submission stages to develop detail and resolve issues, complicating and potentially extending post-submission stages.
The applicant’s role: To prepare mature outline control documents to accompany its application. These should be consulted upon with relevant stakeholders in accordance with the agreed pre-applicationpre-application programme ProgrammeDocumentdocument. Control documents include any documents named within the draft Developmentdevelopment Consentconsent Orderorder (DCO) (normally within Requirements)DCO requirements) which provide specific and detailed practical controls on the Proposedproposed Developmentdevelopment eg Constructionconstruction Environmentalenvironmental Managementmanagement Planplan and equivalents. Outline control documents should include, where applicable, a robust case for why elements of detail may be required to follow at later stages.
The Inspectorate’s role: To provide focused support in the applicant’s development of outline control documents, including a draft document review service in accordance with the agreedagreed programme ProgrammeDocumentdocument. The Inspectorate will proactively seek updates from the applicant on preparation of outline control documents and query input/ consensus from relevant consultees.
COMPONENT 6: Use of multiparty meetings (non-Evidence(non-evidence Plan)plan)
Multiparty meetings provide an opportunity for key issues to be considered in an open way and for actions towards resolution prior to submission to be identified and, where possible, agreed and discharged. Feedback confirms that an Inspectorate role in multiparty meetings can help to focus and manage discussion and provides additional value by establishing the likely impacts of unresolved matters on statutory timeframes at post-submission stages.
The applicant’s role: To use multiparty meetings during pre-application to facilitate resolution of issues or disagreements. The approach to multiparty meetings should be proportionate to any arising issues/ disagreements or the complexity of ongoing issues/ disagreements. The applicant is responsible for arranging multiparty meetings and briefing the attendees on their roles and expectations in advance of the meeting occurrence.
The Inspectorate’s role: To engage on the basis ofof the applicant’s tier subscription, acting as either an observer/ advisor (standard or enhanced tier) or as a chairperson/ facilitator (enhanced tier only).only). The Inspectorate’s role as facilitator. The Inspectorate will be responsive to meeting objectives and its requested role within it, and resource to ensure relevant/ required skills and expertise are available for meetings. The Inspectorate will provide advice to the applicant and other attendees, including in respect of the resolution (or otherwise) of ongoing issues and the implications for post-submission stages, including the examination.
COMPONENT 7: Preparation of compulsory acquisition and temporary possession evidence
The development and maintenance of a Landland and Rightsrights Negotiationsnegotiations Trackertracker during the pre-application stage will help the Inspectorate to understand the issues, review progress and target advice. ExperienceSee showsprimary thatservice unresolvedfeatures. landandrightsissuescancomplicateandextendthedurationofpost-submissionstages.The Inspectorate’s focused support will help the applicant to prepare and optimise the compulsory acquisition and temporary possession evidence within the application, potentially giving rise to fewer Examining Authority written and oral questions and smoother, possibly faster, post-submission stages.TwoversionsoftheLandandRightsNegotiationsTrackerareavailable:
Theapplicant’s role: To prepare mature and robust evidence to support the application for compulsory acquisition and temporary possession powers in the draft DCO. This evidence will be developed around athe Landland and Rightsrights Negotiationsnegotiations Tracker,tracker, which will ultimately form part of the submitted application. The Landland and Rightsrights Negotiationsnegotiations Trackertracker will provide a live and consolidated view of the status of negotiations and inform pre-application interactions between the applicant and the Inspectorate. The applicant will be frank/ upfront about barriers and the likelihood of individual and/ or collective land and rights issues affecting the smoothness and duration of the examination. The applicant will prepare mature versions of the draft DCO, draft Landland Plansplans (including special category land and crown land information as appropriate), draft Bookbook of Reference,reference, draft Statementstatement of Reasonsreasons and draft Fundingfunding Statementstatement for review by the Inspectorate within the timeframes agreed in the pre-application Programmeprogramme Documentdocument.
The Inspectorate’s role: To elevate the status of the Landland and Rightsrights Negotiationsnegotiations Trackertracker as key evidence informing pre-application interactions with the applicant. The Inspectorate will review and query the status of issues identified in the Landland and Rightsrights Negotiationsnegotiations Trackertracker with the applicant, issuing advice on the impacts (and mitigations) for post-submission stages.TheInspectoratewillprovideadvicetotheapplicantaboutwhichversionoftheLandandRightsNegotiationsTrackermaybesuitablefordevelopmentduringthepre-applicationstageaccordingtothecircumstancesofeachcase.
COMPONENT 8: Preparation evidence to support the Publicpublic Sectorsector Equalityequality Dutyduty
Inspectorate support in the development of application evidence which is optimised in relation the Examining Authority’s requirement to discharge the PSEDpublic sector equality duty (PSED) is expected to result in better applicant practice and less examination time taken up with written and oral questions posed to the applicant and other Interestedinterested Parties.parties.
The applicant’s role: To design events, communicate with consultees (including, in particular, those affected by Compulsorycompulsory Acquisitionacquisition and/ or Temporarytemporary Possessionpossession powers) and mature evidence at the pre-application stage to assist the Inspectorate and the appointed Examining Authority, during post-submission stages, to discharge thethe PSED PublicSectorEqualityDuty(PSED)under The Equality Act 2010.
The Inspectorate’s role: To elevate the requirements of the PSED and provide support to the applicant in having regard to those requirements in designing events, communicating with consultees, developing pre-application resources, establishing the final form of the application and preparing for post-submission representations.
The purpose of the gate-check trial is to establish an event occurring after statutory consultation and before the application is submitted to identify any substantive gaps in information, with a focus on where any such gaps might present risks to the acceptance and examination. The timing of the gate-check event will allow for the applicant and other relevant parties to take remedial action before the application is submitted, facilitating more focused, smoother and potentially faster post-submission stages.
The applicant’s role: To work with the Inspectorate and relevant statutory bodies within the trial of a multiparty gate-check process, engaging proactively, being responsive and developing and making essential supporting resources available in a timely way. The applicant will be responsible for organising the gate-check meeting (in addition to the maximum total of standard meetings) with themselves, the Inspectorate and relevant statutory bodies in attendance.
The Inspectorate’s role: To facilitate a multiparty gate-check meeting for applicants, involving relevant statutory bodies. Within the trial, the gate-check would occur between the statutory consultation and submission stages and would enable the Inspectorate to understand issues and associated risks and facilitate agreement in relation to appropriate remedial actions prior to submission. The gate-check event can include consideration of any project-related issues but is expected to focus on environmental matters, including those identified within the Evidenceevidence Planplan process (where engaged).
The gate-check trial will be made available to a limited number of applicants to test appetite, deliverability and value addedadded.. Further details on the proposed gate-check process and requirements will be made available to the applicants involved in the trial.
Basic case information required in advance of Inception Meeting template updated to confirm the estimated submission date should be recorded as a month and year not a quarter in a calendar year.
30 June 2025
Added translation
30 June 2025
basic case information template moved and minor amendment made to paragraph 8 under inception meetings.
1 May 2025
Added translation for section COMPONENT 7: Preparation of compulsory acquisition and temporary possession evidence
29 April 2025
Detailed Land and Rights Negotiations Tracker template added
9 April 2025
Service Tiers updated to show annual uplift in fees.
16 December 2024
Added translation
5 December 2024
Cost recovery section updated to make clarification about Scoping process