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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Sheringham and Dudgeon Extension Projects View all advice for this project
Enquiry
Can you please tell me: 1. As a Parish Council impacted by the onshore cable path when we can submit a Local Impact Report 2. Will you contact Parish Councils for submission of Local Impact Reports? 3. Do you contact other local authorities i.e. Norfolk County Council and District Councils? 4. Your advice note on submitting Local Impact Reports states you contact other organisations. Can you supply a list of who you will be contacting? 5. As this is a new area for me, any other advice you can give will be most welcome including guidance on format
Advice given
1. As a Parish Council impacted by the onshore cable path when we can submit a Local Impact Report? Parish councils cannot submit Local Impact Reports (LIR). Section 60(2) of the Planning Act 2008 (PA2008) sets out that only the relevant local authorities defined in s56A(2) of the PA2008 (ie the host and neighbouring upper (county)/ lower (district/ borough etc) tier and unitary local authorities in which the Proposed Development is located), as well as the Greater London Authority (if located within Greater London)) can submit a LIR. Although the relevant parish councils (those parish councils located within the host lower tier/ unitary local authorities’ administrative boundary) are regarded as statutory parties for the purposes of an Examination, they cannot submit a LIR. Advice Note One: Local Impact Reports sets out that parish council representations to local authorities in respect of the Proposed Development can be referenced in LIRs if they’re relevant to particular local impacts. You may wish to liaise with the relevant local authorities to set out your concerns in respect of the Proposed Development on your parish. attachment 1 2. Will you contact Parish Councils for submission of Local Impact Reports? Parish councils will not be contacted to prepare and provide LIRs. The relevant local authorities (as defined above) are informally notified about the preparation of LIRs when we contact them to advise that an application is close to being submitted, in order to request ‘Adequacy of Consultation Representations’ once the application has been received to gain understanding as to whether they believe an Applicant has met its statutory duties in respect of Statutory Consultation. The ‘Rule 6’ letter, which, amongst other things, invites parties to attend the Preliminary Meeting (PM), sets out the draft Examination Table for the Examination, and includes a procedural decision formally inviting LIRs from the relevant local authorities. The ‘Rule 8’ letter that follows after the PM, once Examination begins, sets out the deadlines contained within the Examination Timetable including the deadline for receipt of LIRs. Usually this is very early in the timetable to allow appropriate time to examine the matters contained within LIRs. The relevant parish councils will also receive the Rule 6 and 8 letters, which set out the deadline for ‘Written Representations’, providing parish councils the opportunity to put their case in writing on how their parish will be affected by a Proposed Development. Additionally, you may consider entering into a ‘Statement of Common Ground’ (SoCG) with the Applicant to set out formally any areas of agreement and disagreement you and the Applicant may have in respect of the Proposed Development in your parish. The Applicant will submit a suite of SoCGs with various statutory bodies and local authorities and may consider doing so with your parish council. As the responsibility for producing and submitting SoCGs lies solely with the Applicant, I recommend contacting them to enquire about the opportunity for such a document prior to submission. 3. Do you contact other local authorities i.e. Norfolk County Council and District Councils? The Rule 6 and 8 letters inviting the preparation and submission of LIRs are sent to the relevant host and neighbouring upper/ lower tier and unitary local authorities, which, for this scheme, includes Norfolk County Council as the host upper tier council. Any host or neighbouring district councils will also be invited to do so. 4. Your advice note on submitting Local Impact Reports states you contact other organisations. Can you supply a list of who you will be contacting? As set out above, the Rule 6 and 8 letters will invite only the relevant host and neighbouring local authorities, and the Greater London Authority (if the Proposed Development is located within Greater London) to prepare and submit LIRs. I am happy to prepare a list of these councils if that would help but the relevant local authorities will not be formally identified until the Applicant provides confirmation of the Proposed Development’s final footprint, its ‘Red Line Boundary’, setting out the area that contains all the works and land acquisition applied for that’s required to construct and operate the Proposed Development, shortly before submission. 5. As this is a new area for me, any other advice you can give will be most welcome including guidance on format. As your parish council will not be invited to prepare and submit a LIR, I recommend you review the following advice for your council to engage effectively during the Examination: attachment 2 attachment 3 attachment 4 attachment 5 attachment 6