The early bird…

Changing times mean planners cannot rest on their laurels – they have got to be responsive and reactive. The Planning Act 2008 shook the system up and the new face of planning is fresh-faced, young and thorough.

Nationally significant infrastructure projects (NSIPs) are just that, nationally significant. Therefore new energy projects – and there will be a many of them as we move to a decarbonised and more secure energy future – have to consult widely with many communities. Early and broad consultation is advocated in guidance on the matter, but a balance must be met between engaging as early as possible and having sufficient information on a project to consult on.

Historically, public consultation on development proposals has been more of an information-giving exercise through leaflets and public exhibitions. Some developers would take comments on board to improve their scheme, but in the main responses were simply logged and reported in feedback reports. This approach does not motivate people to engage with the consultation process, because they feel their views will simply be ignored.

When the Planning Act came into force in 2008 it demanded a shift in attitudes and approaches to public consultation. Proposers of NSIPs now have a statutory obligation to take account of comments made on projects and to amend them accordingly. Clearly, the opportunity to modify proposals will be restricted by technical engineering requirements, but there are likely to be areas where changes can be made – for example, in the architectural treatment of buildings, routing of ancillary works or more suitable planting proposals.

Regardless of whether or not changes have been made to reflect consultation responses, all responses must be reported and proposers must demonstrate in their application how these comments have influenced the scheme, and justify why suggestions have been disregarded where appropriate.

A key risk to any project is that if these requirements are not addressed, the Planning Inspectorate could refuse to accept the application and require further consultation to be carried out, therefore delaying the project and increasing costs.

The right approach to take will be determined by the type of site and project, but a general principle is to consult informally early on. This early consultation can consider a variety of options on a project – for example, in terms of layout. This not only encourages local communities to take ownership of a project, it also makes it clear that their opinions are welcome and will inform the evolution of a scheme. Importantly, in building relationships with local communities, reporting back to them regularly to demonstrate how they have influenced a scheme is important and promotes further engagement at later stages.

As part of the process, consultation with technical bodies should generally be undertaken when there is sufficient information available in terms of design and baseline survey data. It is important to remember that if a scheme changes significantly from that consulted on, then re-consultation will be required to satisfy the Planning Inspectorate. This is partly why an informal consultation stage is vital to identify local issues early and adapt the project accordingly. This will help to minimise any major changes being required at a later stage.

Consultation methods have evolved over the years and there is now a much broader range of tools available with which to approach people living in the vicinity of a project site. For community consultation, exhibitions, leaflet drops, and newspaper adverts have typically been used. However, there is always a risk that leaflet drops lead to contention, with local people claiming to be “missed out” and to have no knowledge of the project. Again, early informal consultation is helpful in minimising such issues and identifying and addressing any holes in the consultation strategy.

In our digital age, bespoke project websites are also a common vehicle for developments, but it is important to keep these up to date if they are to be of any use. All too often websites are set up and maintained for a short time but then infrequently revised. A team or individual dedicated to maintaining this important communications tool will ensure that the website is responsive to developments and provides accurate insight and information to visitors at all times.

Channels such as Facebook and Twitter offer the opportunity to reach out to groups who would other­wise not engage with the consultation process – not everyone wants to attend a public exhibition. Social media is by its very nature a platform for dialogue and therefore allows for a more diverse range of views to be considered that can be of benefit to a proposal.

Social media is not, however, without its risks. Because of the nature of the medium, comments are often emotional, knee-jerk reactions that are not fully informed by all the facts and can quickly generate a lot of negative attention (potentially from all over the world). This needs to be monitored so participants can be directed to factual information. Despite the risk, social media should not be discounted because, like it or not, objectors will use it to fight against a project if they are so inclined. An equally focused approach can be used by promoters to gain support for a development proposal.

Overall, the requirements introduced by the Planning Act 2008 have had a positive impact, and with well thought out implementation will result in better developments that reflect local areas more suitably. The change in attitude required is not just for proposers and consultants, but also consultees and members of local communities, who need to be willing to engage fully with the process. Consultation is no longer about simply providing information and receiving letters saying that people dislike the scheme. It is about finding out what exactly they dislike and how the project can be changed to make it better.

Stakeholder engagement for NSIPs is a constructive discussion, and this is positive and proactive approach that must be adopted for any proposal to be successful. Energy infrastructure developers must apply best practice to their communications if their projects are not to stall and encounter costly delays, jeopardising the low- carbon future.

Andrew Mann is a senior planner within the NSIP group at Savills Energy