Ofwat has written to the Department for Communities and Local Government (DCLG) in response to its current consultation on planning for a sustainable future. Describing the process for dealing with major infrastructure projects from submission of proposal to decision as  ‘slow and complicated’, Ofwat has highlighted the proposed waste water treatment plant for Brighton as an example in the water sector of projects ‘beset by inordinately prolonged planning procedures’  and commenting that though a decision was made by ministers in 1998 that Brighton should be served by a waste water treatment plant providing secondary biological treatment, such a project is only likely to be delivered by 2010 at the earliest. The protracted planning process for the plant, which has so far entailed two public inquiries, has resulted in the European Commission bringing infraction proceedings against the United Kingdom for non-compliance with the Urban Waste Water Treatment Directive.

Among the proposals contained in the White Paper is the establishment of an independent Commission to take the decisions on nationally significant infrastructure cases.  In the water sector, DCLG has suggested that this would include:

• Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.
• Works for the transfer of water resources, other than piped drinking water, between river basins or water undertakers’ supply areas, where the volume transferred exceeds 100 million cubic metres per year.
• Waste water treatment plants where the capacity exceeds 150,000 population equivalent, and wastewater collection infrastructure that is associated with such works.

Ofwat has queried whether setting a threshold of say 150,000 population equivalent would achieve the objective of identifying nationally significant projects given that it is unlikely that there will be major new wastewater treatment plants greater than 150,000 p.e. built apart from the one that is currently in the planning process serving Brighton and Hove.  Ofwat commented that

“On the other hand, there may be smaller new works required, or extension or replacement of larger works, to meet both European and national legislation.  If there are planning delays such that in the UK does not meet the important compliance dates, particularly for European directives, these may well become of national significance.  We therefore suggest that the criteria for inclusion of wastewater treatment plants for consideration by the Commission is drafted very flexibly to enable isolated high profile cases to be considered by the Commission.”

Ofwat also commented on its own exclusion from the list of public bodies which DCLG are proposing the commission would consult on major applications, in contrast to the inclusion  of the Office of Rail Regulation (ORR) which it regards as having similar status and functions to itself. Ofwat has suggested that it should also be included for major applications in the water and wastewater sector in order to ensure that it has as complete an understanding of proposed major infrastructure projects and the likely planning requirements that potentially affect the costs as is possible to meet its duty to secure that water companies are adequately financed to meet their statutory obligations.

The consultation closed on 17 August. The DCLG will be publishing  a summary of responses, and  next steps sometime in the next three months.