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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
What part of the DCO process will enable PINS to say “enough is enough”?
Which begs the question “why not?”
Surely the draftees of PA2008 wouldn’t have drafted legislation that could be misused in this way?
Has any legal owner of land ever applied for a Judicial Review upon an acceptance of a DCO application for examination?
Advice given
We are not aware of a Judicial Review that has been lodged by an affected landowner in respect of an Acceptance decision.
The Planning Inspectorate’s role at the Pre-application stage includes, amongst other things, advising potential applicants about applying for orders granting development consent. On that basis, provided the advice that the Inspectorate issues is timely, accurate and robust, and provided applicants are responsive to the advice that the Inspectorate issues, the likelihood of multiple application submissions should be minimised. Note previous advice which establishes that only five applications have been withdrawn and resubmitted since the Planning Act 2008 came into force: attachment 1
For further information, our role at the Pre-application stage of the process is explained in detail in our Pre-application Prospectus: attachment 2
