Fferm Wynt Coedwig Clocaenog

Enquiry received via email

Fferm Wynt Coedwig Clocaenog

04/12/2013
Tim Sims

Ymholiad

Query regarding withdrawal of status as interested party

Cyngor a roddwyd

The fundamental principle of the Planning Act 2008 regime is that it is frontloaded, having already assessed alternatives during pre-application. In the pre-application stage, under section 47 of the Planning Act 2008 (the PA2008), the developer is statutorily required to consult the local community in adherence with a published Statement of Community Consultation (SoCC). Prior to publishing, relevant local authorities are consulted with regards to what the SoCC should contain. The developer must then consult the local community in line with the published SoCC. This consultation period is the ideal time to influence the chosen site for the development as the developer is statutorily required to take account of any response to formal consultation.
In general terms, if the developer chooses not to accept the suggestions of alternative sites at the pre-application stage, then it is their risk to take in terms of this potentially leading to objections from an interested party to the chosen sites at the examination, when it is highly unlikely to be possible to make changes of the type you have described.
The Examining Authority (ExA) can only consider the application as submitted and as assessed in the Environmental Statement. Post submission changes to the application can be considered, however the ability to accept them is limited. The consideration of the extent to which the ExA can consider post submission changes is a matter of legal interpretation as to their materiality, whether they have been environmentally assessed and considerations of natural justice in terms of those who may be affected by the consideration of alternatives.
Please see advice issued by the Planning Inspectorate to a similar query here: attachment 1;ipcadvice=c2a33f7eb1
If pursuant to reading this advice you remain of the opinion that you no longer wish to be an interested party, please provide confirmation in response to this email. Under s102(1ZA) of the PA2008, I will then confirm your request to the ExA and your details will be removed from our distribution list.


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