A process guided by external feedback

Kingsway Solar is planned to generate more than 50 megawatts of electricity, which means that it is a Nationally Significant Infrastructure Project (NSIP) that requires approval under the Planning Act 2008. Approval for an NSIP project comes in the form of a Development Consent Order (DCO) which would, if granted by the secretary of state, authorise the construction, operation and decommissioning of the project.

Helpful links

• Learn more about Nationally Significant Infrastructure Projects
• Learn more about the Planning Act 2008
• Download the Planning Act 2008: Development Consent Order Fact Sheet

Early engagement with the public and technical stakeholders is a period of engagement not strictly required through the DCO process but provides invaluable feedback for developers at an early stage of the design process. Information about the proposed project will be made available and you will be able to ask questions and provide input. Feedback received will be carefully considered and will be used to help refine the project design.

Following early engagement, a round of formal public consultation called statutory consultation will take place.

Statutory consultation is a legally required process where developers must seek the feedback from the public, local authorities, and other relevant stakeholders. Developers must have regard to that feedback as they develop and finalise their design before submitting the DCO application.

Before this consultation takes place, we will prepare a Statement of Community Consultation (SoCC) which will be agreed with the Local Authority. The SoCC sets out how we will undertake our statutory consultation, and how we record and action the feedback received. Once the SoCC has been published, it provides the details as to how the developer will engage with members of the public potentially affected by the project.

As part of the statutory consultation, we will consult a wide variety of people who may be interested in our proposals. We will also publish our Preliminary Environmental Information Report (PEIR) which contains the likely environmental effects of the project. Throughout the consultation process, we have a legal duty to regard the responses received to the proposals.

Following statutory consultation, there will be a period where we consider the consultation responses received and use this feedback to further refine our proposals. In this period, we will also finalise our application for development consent. Once complete, we will submit the application for the DCO to the secretary of state via the Planning Inspectorate (PINS).

Helpful links

• Learn more about the Secretary of State for Energy Security and Net Zero
• Learn more about Planning Inspectorate

Once the application for development consent is made to the Secretary of State, there will be a period of 28 days whilst PINS considers whether the application is acceptable for examination. Amongst many features of the development process, PINS will look at how the public and other stakeholders have been consulted. If the application is accepted there is a requirement for Kingsway Solar to publish notification of this.

An Examining Authority (an Inspector or Panel of Inspectors) is appointed to undertake the examination of the application. The process is principally a written process and the Examining Authority sets a timetable for the examination. There will also be public hearings where you will be able to request to speak. The Examining Authority publishes its timetable and decisions on the PINS website, which contains a page dedicated to each project it examines.

Helpful links

• Visit the Planning Inspectorate (PINS) website

The examination must be completed within six months of starting the examination. Once the examination is closed, the Examining Authority will prepare a report making a recommendation to the Secretary of State whether they should grant or refuse the application for development consent. That report must be sent to the Secretary of State within 3 months of the close of the examination. The Secretary of State is tasked with making a decision on whether or not the application should be granted within a further 3 months or receiving the recommendation.

PINS has more information about the process on their website. Advice Note Eight gives an overview of the NSIP process for members of the public. The PINS website allows members of the public to register for notifications about project milestones such as when key decisions are made.

Helpful links

• Visit the Planning Inspectorate (PINS) website
• Learn more about Advice Note Eight