1.3.8. Who should make the planning application?

• There are broadly three options available for making planning applications:

Option 1: an approach where a local authority applies for a full planning permission based on a particular design. To be of greatest value to a procurement, the corresponding planning permission will need to be secured prior to the CFT stage (Call for Final Tenders) of the procurement. This approach will require a second application (normally, but not necessarily, by the Contractor) for planning permission based on the Contractor's design.

Option 2: an approach where the Contractor applies for its own planning permission based on its own design. This approach requires the local authority to reduce as far as practicable the planning risks for the procurement in advance by carrying out as early as possible all the necessary substantial site environmental and other studies expected to be needed for the planning application. This approach will usually mean that an application is not submitted until the Preferred Bidder has been chosen.

Option 3: an approach where the Contractor and the WDA apply for a planning permission jointly.

• The table below seeks to highlight the benefits and disadvantages of particular approaches. In relation to each benefit the question is asked whether the benefit can be secured by an alternate means. In relation to each perceived disadvantage, a mitigant is proposed. It should always be remembered that any planning application by a WDA or for development of its land will (and should) be treated in the same way as any other planning application.

• In view of the benefits and disadvantages of each approach and the particular profile of the WDA's procurement (for example, number of sites available) the WDA is expected to make a decision concerning which approach it will adopt for its procurement. Where PFI funding is being sought for the procurement the reasons for the approach that the WDA adopts will need to be set out in the OBC and will be subject to scrutiny by WIDP.