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Advice provided between the period between 1 October 2009 and 13 April 2011 has been archived and remains available to view on this spreadsheet.

Enquiry received via email

Manston Airport View all advice for this project

06 March 2018
Michael Child

Enquiry

Could pins get their own itc department to look at the way the documents were published, particularly in terms of the deliberately making the documents difficult to use?
I think this constitutes a deprivation accessibility issue, which should be addressed properly now and I wish to complain that this hasn’t happened, I feel that pins and all government departments should be proactively addressing depravation and should like your view on this issue.
In view of the size and scope of the project and its effects could you kindly set out how the issue of compensation for time spent on responding repeatedly and property blight will be addressed, both in terms of time scale and how to apply for it.

Advice given

As you are aware, if an application is submitted, this and your previous correspondences can be considered by the Secretary of State in addition to the statutory acceptance tests.
“Could pins get their own itc department to look at the way the documents were published, particularly in terms of the deliberately making the documents difficult to use?”
The Planning Inspectorate cannot test the adequacy of an applicant’s consultation until an application is submitted to it. The means by which the adequacy of consultation can be tested are set out in section 55 of the Planning Act 2008 (PA2008).
“I think this constitutes a deprivation accessibility issue, which should be addressed properly now and I wish to complain that this hasn’t happened, I feel that pins and all government departments should be proactively addressing depravation and should like your view on this issue.”
See above answer. Note in addition that at the Acceptance stage the Secretary of State must have regard to the extent to which the Applicants has had regard to government’s ‘Planning Act 2008: guidance on the pre-application process’: attachment 1. Evidence in this regard should be provided by the Applicant in its Consultation Report.
“In view of the size and scope of the project and its effects could you kindly set out how the issue of compensation for time spent on responding repeatedly and property blight will be addressed, both in terms of time scale and how to apply for it.”
The PA2008 regime recognises that a Nationally Significant Infrastructure Project (NSIP) may create blight reducing land values. Section 175 of the PA2008 amends Schedule 13 of the Town and Country Planning Act 1990 to enable owner occupiers to serve a blight notice on the Secretary of State (SoS) requiring the SoS to purchase their property in certain circumstances. These are where a National Policy Statement (NPS) identifies a particular location as a potentially suitable location for an NSIP (there is no NPS in this case) or if land is blighted by an application being made for a Development Consent Order authorising the Compulsory Acquisition of the owner occupier’s land or from such authorisation being given.
Separately, any interference with private interests may give rise to a right to make a relevant claim. For further information see FAQ14 in our Community Consultation FAQs and government guidance relating to Compulsory Acquisition procedures:
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In respect of “compensation for time spent responding”, there is no mechanism through which this can be claimed at the Pre-application stage of the process. For details of the applicable costs regime after an application has been accepted for examination, I refer you to government’s ‘Awards of costs: examinations of applications for development consent orders’: attachment 4


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