Reform public consultation

  • Action 9

    9

    Answer

    Reduce the risk of judicial review for new energy infrastructure projects by amending statutory planning guidance to explicitly consider proportionality, the use of public funds and the impact of delay on critically needed infrastructure when determining whether a consultation is adequate. Guidance should also allow the ‘examination’ phase to be taken into account, as well as applying a ‘presumptive’ pre-examination so that deficiencies can be corrected in that period, rather than being rejected.

  • Action 10

    10

    Answer

    Legislate to create a ‘Consultation Unit’ which can legally certify that a project’s consultation is adequate, which would radically reduce consultation-based legal challenges, and ensure developers are not incentivised to ‘over-consult’ when there are additional opportunities for interested parties at the examination stage.