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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 have a question regarding whether pins can limit a sponsors project plans when granting a DCO.
All interested parties whether for or against the airport, SMA, SMAA, SUMA, NNF, Craig Mackinlay MP and Sir Roger Gale MP have all stated they are against night flights with both Mr Gale and Mr Mackinlay (in recent letters to his constituents), confirming that RSP do not require night flights. However in their application RSP have specified they would like night flights. Given this wholesale objection, that national policy is considering banning night flights (as they will be at Heathrow), does the inspector have the legal powers to ban them, even though RSP have specified they want them, as a condition of the DCO should they be convinced they would be detrimental to the local community or for any other reason ?
Advice given
Section 120 of the Planning Act 2008 explains that Development Consent Orders (DCO) may impose Requirements (analogous to ‘conditions’ in conventional planning decisions). The draft Requirements provided in Schedule 2 of the draft Manston Airport DCO are available to view here: attachment 1;stage=app&filter1=Draft+Development+Consent+Orders
The Examining Authority (ExA) will examine the draft DCO submitted with the application and consider any relevant and important matters raised in representations made about its content. This process can lead to changes being made to a draft DCO (including the Requirements) in the course of an Examination by the Applicant itself or as recommended by the ExA.
In all cases, the Secretary of State (SoS) will take the final decision about whether or not development consent should be granted and finalise the form of the DCO, if it is made. Whether or not an ExA recommends to the SoS that development consent should be granted, its Recommendation Report to the SoS must be accompanied by a final draft DCO. The final draft DCO will include any changes made to the draft DCO in the course of the Examination, and may also include further recommended changes applied by the ExA in the process of reporting. In turn, in consideration of the Recommendation Report and the final draft DCO accompanying it, the SoS may decide to delete or amend certain provisions or make any other changes in order to make the Proposed Development acceptable in planning terms.
