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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Enquiry
The enquirer, a local councillor, set out a number of concerns in respect of RiverOak Strategic Partner's community consultation.
Advice given
Section 47 of the Planning Act 2008 (PA2008) sets out an applicant’s duties in respect of consulting the local community. Section 47(2) states that before preparing the Statement of Community Consultation (SoCC), the Applicant must consult each host authority about what is to be in the SoCC. Section 47(5) states that in preparing the SoCC, the Applicant must have regard to any responses to consultation under s47(2).
Subsequently, upon the submission of an application the Planning Inspectorate (on behalf of the Secretary of State) has a statutory duty to invite comments from all s43 authorities about whether an Applicant has complied with its duties under ss42, 47 and 48 of the PA2008. Comments received in response are “Adequacy of Consultation Representations”, as defined in s55 of the PA2008. The Planning Inspectorate must have regard to any Adequacy of Consultation Representations in making its decision about whether an application is of a satisfactory standard to be examined.
If you have not already, I would advise for you to share your concerns with the appropriate technical department within Thanet District Council in order that they may be considered in the Council’s preparation of its Adequacy of Consultation Representation; if an application is submitted to the Planning Inspectorate.
