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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 should be grateful for any advice you may be able to offer regarding what impact HMG would expect last year's EIA regulations to have upon the developer's forthcoming public consultation. What does he have to address that was not previously the case?
I have looked at the text of the new regulations and various on-line commentaries, including the guidance issued by the DCLG. I have tried to identify the changes which are directly relevant to the RSP proposal (see attached table).
Whilst I would not of course expect PINS to have time to mark my homework (as it were), it would be helpful to know if this analysis has got something badly wrong. What I am trying to work out is what additional information could reasonably be expected from RSP.
I appreciate that the new regulations are a transposition of EU law and that, as the law currently stands, their meaning is ultimately a matter for the Court of Justice. I am not expecting an authoritative reply, just your view on whether broadly I have identified the principal substantive points.
Advice given
The attached document summarises some of the new requirements, but as you pre-empt I cannot authoritatively comment on whether or not its content is exhaustive in respect of what is directly relevant to the RSP proposal. The Secretary of State’s exclusive point of reference in testing whether an applicant’s EIA has complied with the 2017 Regulations are the 2017 Regulations themselves.
