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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
I understand the DCO application will be submitted to you next week. You've received a great deal of communication from members of the public on a wide range of issues in particular the adequacy of the consultations. Can I ask whether during your consideration of the application all the comments you've previously received will be reviewed and considered by you automatically when coming to your decision as to whether or not to accept the application for examination or whether all those that commented will need to register as interested partys and make their comments again ?
Advice given
The comments received by the Planning Inspectorate concerning the Applicants Pre-application consultation can be considered in addition to the statutorily required Acceptance tests when making the decision about whether or not to accept the application under section 55 of the Planning Act 2008. It will be for the decision maker (the Planning Inspectorate on behalf of the Secretary of State) to decide the weight to give to the views expressed in those comments based on the individual facts of the case.
The adequacy of the Applicant’s Pre-application consultation is not a subject that can be revisited in the examination; if the application is accepted. The examination of the application will deal with the merits of the Proposed Development. Representations made to the examination concerning the Applicant’s consultation will not be considered by the appointed Examining Authority (ExA).
Members of the local community who have made comments to the Planning Inspectorate about the merits of the Proposed Development at the Pre-application stage will need to repeat those comments in a Relevant Representation, at the appropriate time. The ExA will not be able to consider comments made about the merits of the Proposed Development that were submitted to the Planning Inspectorate at the Pre-application stage. For more information about making a Relevant Representation see our Advice Note 8.2: How to register to participate in an Examination: attachment 1
