UK: Planning Act Blog 229: Planes, Drains And Representations

Last Updated: 6 April 2011
Article by Angus Walker

This is entry number 229, published on 1 April 2011, of a blog on the Planning Act 2008 infrastructure planning and authorisation regime. Click here for a link to the whole blog. If you would like to be notified when the blog is updated, with links sent by email, click here.

Today's entry reports on an airports policy consultation, Thames Tunnel changes and our masterclass on the Planning Act regime.

Airports policy

On Wednesday, the government issued a consultation paper on airport policy. This is its substitute for an Airports National Policy Statement, which it has said will no longer be produced, largely because the main projects it was likely to apply to, new runways in south east England, will not now go forward.

The document is entitled Developing a sustainable framework for UK aviation: Scoping document. It is eventually intended to replace the current expression of airports policy which is contained in the 2003 White Paper the Future of Air Transport. The sound bite in the accompanying press release is 'greener growth', i.e. there should be growth as long as it is not too environmentally damaging. The policy will all depend on what 'too' means. This scoping document does not give any answers, it is more or less a description of the issues and an invitation to comment on them, effectively a new Year Zero for aviation policy.

The consultation runs until 30 September 2011. The actual policy framework will be published in draft in March 2012, with a view to being adopted in March 2013, the tenth anniversary of the white paper. Whether the framework will contain policy or just be the structure within which policy is subsequently developed remains to be seen. In any case the government does not appear to be in a great hurry on this issue.

Thames Tunnel

Yesterday, Thames Water produced its report on the consultation it held from September 2010 to January this year on its proposed 'super sewer' that will run beneath the Thames and collect raw sewage before it goes into the river, which is unfortunately where much of it goes at the moment after heavy rain. This project will be brought within the Planning Act regime when either a planning application is made or the Localism Bill is enacted, whichever is earlier.

The controversial aspect of the project is not the main tunnel, but that several sites on or near the river will be used for temporary works and permanent infrastructure. In order to keep these away from development, Thames Water had chosen several green spaces. There has been quite a lot of press coverage of various celebrities defending the spaces concerned.

A summary report can be found here, and there is a longer main report on this page Thames Water received responses from 2,866 individuals and organisations.

The headlines are that Thames Water are sticking to the principle of the project and to their preferred option of a route running mostly under the river from Hammersmith to Temple Mills in Newham. However, they cannot be accused of ignoring the consultation responses, since they are considering making changes to, by my count, nine of the surface sites. Here is a quick summary:

  • Carnwath Road Riverside may be used instead of part of the Barn Elms site;
  • the Bell Lane Creek site may be moved to a site yet to be determined;
  • the Jews Row site may not be needed;
  • the Bridges Court Car Park site may be moved to York Gardens;
  • the Druid Street site may not be needed;
  • the King's Stairs Gardens site may be moved to Chambers Wharf;
  • the Butcher Row site may not be needed;
  • the alignement of the Greenwich Pumping Station and Deptford Storm Relief tunnels may be changed; and
  • the Borthwick Wharf Foreshore site may be moved to a site yet to be determined.

A second consultation will take place starting in September this year. This will have details of any changes that were in fact made as a result of the first consultation.

Masterclass and Brig y Cwm update

Bircham Dyson Bell gave a 'masterclass' on the Planning Act regime yesterday, where delegates were also addressed by Helen Adlard, Director of Legal Services at the IPC, Cllr Mike Haines of the LG Group (formerly the Local Government Association) and Neil Cameron QC. I would have advertised it on the blog but the places filled up before I got around to it. Blog subscribers did get invited though - special privileges to those who allow me to fill up their inboxes. It was good to meet some of you for the first time. We hope to hold another event in the near future.

This masterclass contrasted with one we gave last year by being aimed at local authorities and other stakeholders rather than project promoters. Thus it focused on understanding applications, how to engage with them and make effective representations, Local Impact Reports and protective provisions. We covered the pre-application process, the examination of applications, both of which finally have some real experience to draw on, and the often-neglected area of what happens after an application is approved (knowledge of which can inform the preparation of the application and the framing of effective representations). There is a lot to take in, but at least the same process applies to the wide range of projects covered by the Act, and it will be largely unaffected, but somewhat improved, by the Localism Bill.

It turns out that the figure I gave this week of 7000 objections to the Brig y Cwm energy from waste project was an underestimate - the IPC has received 10,000 and counting. And to think that 1000 seemed a lot at the time for the Rookery South application. I was also chided for giving credit to the IPC for its 'outreach' programme, for it was the locals rather than the IPC who gave most publicity to the application. I still give the IPC some of the credit, though.

Previous entry 228: 7000 objections made to second IPC project

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Angus Walker
In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions