How can you simplify the enormously complex process of decommissioning a nuclear power station? By creating a specialised Planning Framework, says expert lawyer, Paul Zyda.
Imagine if you could streamline applying for and obtaining planning permissions for your major infrastructure project. This is exactly what we did in 2006 when we helped Dounreay Site Restoration Limited (DSRL) create their first Dounreay Planning Framework (DPF).
This plan, and the updated version (DPF2), set out the long-term strategy and has now been adopted, saving DSRL time and money. Here, we explain the background and benefits.
Keeping it current
Since we put together the original Framework in 2006, much has changed. DSRL needed to update it to reflect the significant progress in decommissioning and restoring the site. For example, in 2008, the Cavendish Dounreay Partnership (formerly Babcock Dounreay) took over, developing a new master-plan which shortened the decommissioning time.
So in 2013, we created DPF2 with DSRL: an up-to-date overview of the restoration, decommissioning, policy, regulations, and an explanation of the wider context and anticipated developments on site. On 12th February 2014, this master-plan was approved by The Highland Council's Planning, Environment and Development Committee.
Agreed in law
We expect Scottish Ministers will approve the updated Framework in summer 2014 – this means it will be formally adopted in law as Supplementary Planning Guidance to the Highland-wide Local Development Plan. Why is this significant? Because the 'Planning etc. (Scotland) Act 2006' elevated the status of Supplementary Planning Guidance to allow it to be incorporated in the Development Plan – and the Council must consider the Guidance when deciding an application.
DPF2 enables the Council and other stakeholders to work in partnership with DSRL to deliver a robust but flexible planning framework.
In addition, the Scottish Government has produced a draft 'National Planning Policy 3', to be adopted in June 2014, which specifies that the planning framework for decommissioning Dounreay must be kept up to date.
Who benefits from the Framework?
The Framework is mainly used by the planning and development team at Dounreay and by the Council. It helps them make decisions about planning applications and regulate future decommissioning and restoration proposals. DPF2 enables the Council and other stakeholders to work in partnership with DSRL to deliver a robust but flexible planning policy framework.
When DPF2 was created, we informed the local community. The Highland Council considered their comments, in particular, updating the Framework to address concerns of the Scottish Environmental Protection Agency (SEPA) about re-using the site and land contamination. Ultimately everyone benefits because the Framework helps make sure Dounreay is restored in a timely, safe and environmentally sensitive way.
DPF2 discusses how the site could be used in new ways after decommissioning. DSRL expect the site to be decommissioned by 2025 (although some land will be restricted for hundreds of years because of legacy radioactive materials). In the Framework, the Council suggest the site could be reused by other businesses, including wind, wave and tidal power generators.
At Zyda Law, we've been working with DSRL and the Highland Council for many years. Last year, we secured planning permission for Phase 2 of DSRL's 35-year decommissioning programme, which includes removing intermediate level radioactive waste from Dounreay's 'shaft and silo' and changing the use of an existing waste facility so this waste can be stored there instead, until the construction of a national geological disposal facility. Our work with DSRL is ground-breaking – and a Planning Framework might be right for your project too. We're looking forward to continuing our work with DSRL. To start streamlining your planning process, all you need to do is call an expert lawyer.
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