Framework for Public Participation– Nuclear New Build
United Kingdom Perspective

Rory Wallace - Head, New Nuclear Policy Framework

FNCA 2018 Study PanelAgenda1. Energy and Climate Change context
2. Enabling Policy Framework
3. Enabling framework for new nuclear power
4. UK nuclear power landscape
5. National Policy Statement and Planning
6. Summary

FNCA 2018 Study PanelFPolicy Commitments• End unabated coal generation by 2025
• Ban on diesel and petrol car sales 2040

FNCA 2018 Study PanelEnergy & Climate Change
Challenges

AFFORDABILITYCosts comparable with other large scale lowcarbon generation.

LOW CARBON
Similar lifetime carbon emissions torenewables

Modelling consistently shows that
decarbonising the UK is cheaper withnuclear power than without

Nuclear power’s reliable firm power
reduces the challenges of managing
intermittent renewables on the Grid.

FNCA 2018 Study PanelEnabling policy for new nuclear“The Government believes new nuclear
power stations should have a role toplay in this country’s energy mix
alongside other low carbon
sources….and that the Government
should take active steps to facilitate
this.”FNCA 2018 Study PanelEnabling Framework for New Nuclear

National
PolicyStatement
Local
Strategic
ForumsSkillsIndustry
Engagement

DecommProgramme

ThirdParty
Liabilities
RegimeGeneric
DesignAssessment

Electricity
MarketReformFundedSupplyChain

International
Multilateral
Engagement

Industrial
StrategyNGO
Engagement

International
Innovation/
Bilateral
R&D
Engagement

Regulatory
Framework

Legacy& GDF

• The UK currently has 8 nuclear
power stations comprising 15
individual reactors (>25% of UK
electricity – 9GWe). Most scheduled
to close in 2020s.
• 8 sites in the UK identified as
potentially suitable for nuclear newbuild in the National Policy
Statement (NPS).
• Industry proposals for six projects
Hinkley Point C, Sizewell B, Wylfa,Oldbury, Moorside and Bradwell – atvery different stages of development.

FNCA 2018 Study PanelCurrent Industry Proposals

FNCA 2018 Study PanelFNCA 2018 Study PanelNational Policy Statements• The National Policy Statements (NPS) set out national policy for
Nationally Significant Infrastructure Projects (NSIPs)• The NPS provides the basis for decisions by the Secretary of State(SoS) on applications for consent for nationally significant energydevelopments• But the SoS must also have regard to any local impact
report submitted by a relevant local authority, anyrelevant matters prescribed in regulations, theMarine Policy Statement and any applicable
Marine Plan, and any other matters which theSoS thinks are both important and relevant totheir decision.
• They set out the need case for new energy
infrastructure.
10• NPS 6 (Nuclear Power) is the only “site specific” NPS.
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The role is to determine planning applications for
major energy infrastructure in England and Wales

Text or graphics here
Gas transporter pipelinesand underground storage
Thermal power stations

Offshore renewable energy
generation

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Overhead power lines

National Policy Statements
The Planning Act 2008 requires that the Secretary of State must decide
an application for energy infrastructure in accordance with the relevant
National Policy Statement and ensure that where relevant:• the UK is meeting its international obligations;• It is not in breach of any statutory duty;• Is lawful;• Any adverse impacts from the development do
not outweighing the benefits

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The Planning Act 2008 sets out statutory
timescales for consideration of applications
Application
submitted

FRONT
LOADING

Start

Application
accepted

1 monthPre-application(consultation &negotiation)

AcceptanceNo statutory
duration – could
be months/years

28 days

5 months

Pre-examination(Developer publicises
application & interested
parties register withPINs)
4 months

No statutory duration –developer decides
closing date for parties
to register

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11 months

Examination(including hearings)

6 months

PINs reportissued toDECC

Determination
published

14 months

17 months

PINs
SoS decision
recommendation

3 months

3 months

Pre-application• The developer informs The Planning Inspectorate that it intends tosubmit an application.
• Before submitting the application, the developer must carry out
consultation on the proposals.
• Taking part in the pre-app
consultation is a good way toinfluence the project.
• The developer is under alegal duty to demonstrate thatit has had regard to consultation
responses at this stage.
• Aarhus Convention Requirements
No statutory timescale
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New Build Consultation – Horizon Wylfa
Project

Undertaken three stages of Pre-Application Consultation with the community to help shape plans,
the first being in 2014

Over 100 consultation events

Regular newsletter to 33,000 households

An independently chaired Project Liaison Group (PLG), which meets four times a year, set up in2010 to keep stakeholders informed

Held monthly open surgeries since 2009 so people can meet and talk to their team as well as
undertaking local briefings, meetingsStatement of Community Consultation sets out in detail how they consult with communities andstakeholders

FNCA 2018 Study PanelAcceptance• When the developer formally submits the application, the PlanningInspectorate, must decide whether or not the application meets thestandard required to be examined.
• The Planning Inspectorate will check the application documents andplans to make sure all the required information is included.
• During the acceptance stage the Inspectorate
will also ask whether the relevant local
authorities think the applicant’s pre-application
consultation was adequate before deciding
whether or not to examine the application.

Statutory 28 days timescale
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Pre-examination• If the application is accepted the Examining Authority can beappointed. The Examining Authority can be a single Examining
Inspector or a panel of up to 5 Examining Inspectors.
• The public (in the UK or elsewhere) will be able to register with thePlanning Inspectorate and provide a summary of their views of theapplication in writing by submitting a ‘Relevant Representation’ inorder to become an Interested Party.
• At the Pre-examination stage interested
parties will be invited to attend aPreliminary Meeting to discuss how theapplication will be examined.
No statutory timescale – 3 months approx

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Event title17Examination• Interested Parties are invited to provide more details of their views inwriting.
• This is an opportunity to set out your case and if you want to, expand
on any views provided in your Relevant Representation.
• The Examining Authority will also ask written questions.
• Hearings may be held:– Open Floor Hearing– Issue Specific Hearing– Compulsory Acquisition Hearing

Statutory 6 months timescaleFNCA
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Recommendation• Following the close of the Examination, the Examining Authority willwrite a report containing its conclusions and recommendations for theSecretary of State.

• The report is sent directly to the Secretary of State and is not
published until the Secretary ofState has made their decisionon whether or not to grantconsent.
Statutory 3 months timescale
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Decision• Ministers are under a duty to behave fairly and impartially in thedecision-making procedure;• Ministers and officials must not entertain privately maderepresentations or have private discussions with any interested partyon live planning applications, and they should not express views on
the merits of a proposed scheme;• There is a clear separation between policy anddecision making teams;• It is possible the Secretary of State may want toconsult further during this period.

Statutory 3 months timescale

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20

Judicial Reviews• There is no appeal procedure for decisions under thePlanning Act 2008.
• An application may be made to the High Court (PlanningCourt) for judicial review of a decision within 6 weeks ofthe decision being made.

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Espoo/Aarhus – Transboundary Consultation• If application is accepted and if ‘likely significant impacts’ from the project
are identified, this could trigger notification to other States under Espoo• Differences in opinion on ‘likely’• UK Policy position is to notify irrespective of likelihood of impact as a result of
ongoing dialogue with Espoo Implementation Committee• Retrospective action after development consent has been provided – UK cases
before Espoo Implementation Committee and Aarhus Compliance Committee• Hinkley Point C consultation with other States• Six States requested further dialogue• 21,000 responses – primarily from Germany• Aarhus approach for future projects requires engagement by UK with otherStates, if their citizens are interested in project

FNCA 2018 Study PanelWhy do we communicate and engage?
Whether we’re the final decision maker, we’re making joint decisions with others, or
we’re seeking to influence others we communicate and engage to:•reduce miscommunication, misunderstandings and conflict•raise awareness of our role and the role of others•

help understanding of each others’ views, concerns and values•

be informed by others knowledge, including on local matters, leading to better
decision making•

increase mutual trust•

enable people to influence and understand, if not agree with, outcomes•encourage problems to be jointly owned and solved•

take people on the decision-making journey with us, making it more open andaccountable•enable those who wish to, to help inform our decisions•

comply with legal obligations and expectations

FNCA 2018 Study PanelFurther Information•

Nuclear White Paper 2008 http://webarchive.nationalarchives.gov.uk/+/http:/www.berr.gov.uk/files/
file43006.pdf•Generic Design Assessment website: www.onr.org.uk/newreactors/index.htm
Planning Act 2008 - www.legislation.gov.uk/ukpga/2008/29/contents

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National Policy Statement
www.gov.uk/government/publications/national-policy-statements-forenergy-infrastructurewww.gov.uk/government/uploads/system/uploads/attachment_data/file/37051/2009-nps-for-nuclear-volumeI.pdf

rory.wallace@beis.gov.uk

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