Register of advice

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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 received via email

North Falls Offshore Wind Farm View all advice for this project

19 January 2022
Harwich Harbour Fishermen’s Association - Trevor Armstrong

Enquiry

Dear Sir/Madam I’m extremely disappointed that I feel the need to contact you at such an early stage in this project because I’ve never felt the need on previous major east coast projects. I wish to raise the following points after their recent survey has concluded. Ive waited quite some time before sending our complaint as I hoped there may be some improvement in communication but sadly that hasn't happened. The developer representatives decided early on not to go down the route of a commercial fishing working group as all other well managed projects have done, which in our members opinion has created major communication issues and put the local fishing community at a unfair disadvantage. Our concern is that all the limited discussion has implied a negative direction which may be continued during the future planning process and the duration of the project, if approved??? The very short notice of the project and lack of information has put quite a lot of pressure on the local fishing fleet. Prime fishing area and vital time of the year seemed to be disregarded by their main representative/FLO and the apparent lack of empathy of impact of their project on our members. Since the start the survey project is has been one of limited information and total inconsistencies, some of our selected members received reasonable communication, some very little and some nothing at all leaving the fisher in a limbo, “do I fish there or not”. This is totally unacceptable and the poor communication need to be recorded in the planning process and considered by the planners. One members stated he just wanted to continue fishing as he has for previous years and was threatening with a high court injunction, “if you get in the way of their survey vessel” there is a word for that but I’ll leave my thoughts as my thoughts. I have personally been involved in numerous other major off shore projects on the east coast and I have never experienced such poor performance from the developers RWE, SSE and their FLO and I am fearful for the future co existence if the project get approval. The establishment and existence of a productive CFWG must be a part of the planning application, with the developers agreeing to fully engage with. No CFWG no approval! This is not about money and we as our association will be objecting to the project but we are realists and know its probably going ahead because sustainable energy is vital for all our future, but it shouldn’t be for the benefit of multi million pound organisation and detrimental to the small self employed person trying to pay his mortgage in some difficult financial times and additional regulation. I will be registering as an interested person as soon as the planning process is instigated and will welcome the opportunity to speak at the forthcoming hearings. As you can see I’ve copied in the relative government marine agencies and CEOs of the developers and I welcome their comments on this issue, after all they control the finances, future earning potential, regulate and enforcement the local off shore area and our members legal commercial activities. Yours sincerely Trevor Armstrong Secretary Harwich Harbour Fishermen’s Association

Advice given

Dear Mr Armstrong, Thank you for your recent e-mail in relation to the proposed North Falls Offshore Wind Farm project, which is currently in the Pre-Application stage. An Application is expected to be submitted to the Planning Inspectorate during the Summer of 2023. Please note that the Pre-Application consultation process is led by the developer, and the Planning Inspectorate’s role is to provide procedural advice, which we publish. The developer is responsible for ensuring that it complies with the legislative requirements surrounding consultation, which are set out in the Planning Act 2008. This includes a legal requirement for the developer to consult with Statutory Bodies, affected communities and persons with an interest in the land. Your e-mail provides your comments on the merits of the Proposed Development and adequacy of its consultation. As such, if you have not already done so, it is important that you make these comments directly to the developer. If you are not satisfied that the developer is taking these into account, you should raise this with the Local Authority also. For further information, please see our Advice Note 8.1 on Responding to the developers pre-application consultation. In particular, paragraph 7.4 which explains how you can raise any concerns about the developer’s pre application consultation. According to the developer's website, an informal community consultation was completed in 2021 and there will be an opportunity to provide further feedback during its statutory consultation, which is due to take place later this year. You can make general enquiries about this with the developer or register for their project updates via the following contact details: Phone: 0800 254 5340 Email: [email protected] Web enquiry form Information about the Planning Inspectorate’s remit once the Application is submitted: When an application is formally submitted to the Planning Inspectorate for Examination, an assessment is made on whether it is of a satisfactory standard to proceed to an Examination. One key element of this assessment is to check whether the Applicant has fulfilled its statutory consultation duties. In order to help make an informed decision on this matter the Inspectorate writes to all host and neighbouring Local Authorities for their views on the adequacy of the consultation. The Applicant is also statutorily required to demonstrate in its submitted application where they have shown regard to responses received during their period of statutory consultation. If the Application has been accepted for Examination, you will be able to register as an Interested Party and make Relevant Representation; and I note your email advises of your intention to register, and engage with the Examination. Please read our Advice Note on How to Register to participate in an Examination for further information. Once an Examining Authority is appointed, it will make an initial assessment of the issues arising from the submitted application as well as from the Relevant Representations, which will contribute to their Examination of the proposed development. In order to assist parties in understanding the Planning Act 2008 process, the Planning Inspectorate has prepared a suite of Advice Notes, which are available on our website. The Advice Note 8 series provide an overview of the examination of Nationally Significant Infrastructure Projects for members of the public. Hopefully you will find these of assistance. You may wish to note that the Planning Inspectorate has set up a project page for the North Falls scheme where documents received and issued during the course of the Examination will be published. In advance of the application being submitted you can register for updates by entering your email address in the "Email updates" section of the project page. You will then receive an email notification when any new information is published on the project page. Such as notes of meetings we have with the Applicant at pre-application stage; any procedural advice we issue; and notification when the Application is submitted, along with the application documents and information about submitting a relevant representation if the Application is accepted for examination. Hopefully this e-mail is of assistance but if you require any further information please do not hesitate to contact us.