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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
General
Enquiry
Please see attached documents for copy of the letter and two plans.
Advice given
Thank you for your correspondence dated 2 March 2015, sent via email.
The nature of your query related to whether the improvement and alteration of Junction 10a of the M6, together with associated adjoining road, would fall to be considered under the Planning Act 2008 or the Highways Act 1980 regime.
You provided us with a brief description of the scheme as currently proposed and two plans indicating the location and area of works.
The relevant sections of the Planning Act 2008 are s14 and s22. Under s22 the Planning Act defines highway work as either construction, alteration or improvement. You have provided us with a summary of the views of the Highways Agency (on receipt of advice from the Department for Transport) on this point. They conclude that the nature of the works do not constitute an improvement under s22. They conclude that the scheme is therefore an alteration, however the area of development is not greater than the relevant limits set out in s22(4) and the Secretary of State is not the highway authority for all of the highways involved in the proposed work, only part.
On the basis of the information provided to us and the reasoning as provided in summary above, we consider that the Highways Agency has reached a reasonable view in their assessment and subsequent conclusion.
