The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Richborough Connection Project View all advice for this project
Enquiry
The LIR (Local Impact Report) deals with topics relevant to the impact of the proposed development on their area.
We are a neighbouring authority and this scheme is located well away from our geographical boundary and has no significant impacts on our area that need to be highlighted.
My understanding that this is not a statutory requirement for a neighbouring authority. If this is not correct and there are any implications for the council then please let me know.
Advice given
A Local authority is under no obligation to submit a Local Impact Report (LIR) as part of the examination of any Nationally Significant Infrastructure Project (NSIP). It is for the local authority to decide whether or not to submit an LIR in consideration of the complexity and issues posed by the NSIP proposal. Section 60 of the Planning Act 2008 sets out the local authorities that the Secretary of State must give notice to, inviting them to submit a local impact report.
LIRs give details of the likely impact of the proposed development on any part of the authority?s area and their relative importance; and as such, LIRs differ from other representations a local authority is likely to make. I refer you to paragraphs 52 to 57 of the Department for Communities and Local Government?s (DCLG) statutory guidance on the examination of applications for development consent: attachment 1 , specifically the following:
53. The report may differ from other representations made by the local authority,
as it is intended to allow local authorities to represent the broader views of
their community. Consequently, a local authority which has been invited to
submit such a report may decide to cover a broad range of local interests
and impacts, including economic and social ones. The impacts should be
presented in terms of their positive, neutral and negative effects.
54. The report is distinct from any representation a local authority may make on
the merits of an application or any subsequent approvals that should be
delegated to the local authority for determination (for example, on detailed
design).
Local authorities are strongly encouraged to produce LIRs as the Examining Authority and the Secretary of State must have specific regard to LIRs when making their recommendation and decision.
