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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
In view of the confusion between your two statements and in view of the guidance repeatedly issued by the Government and the courts on the scope of the general principle in s6 of the 1998 Act, I am asking you to clarify the view of the Planning Inspectorate. It is clear from advice received by No Night Flights that the Planning Inspectorate, along with all other Government and public authorities, is bound by and must comply with s6 of the 1998 Act. Acceptance by you of this application (should it be made) for a DCO is not a neutral act. It will have serious implications for local landowners and residents. Our advice is that your obligation is to act compatibly with the Convention rights as set out in s6 of the Human Rights Act 1998 (the 1998 Act) in taking that decision. Perhaps you would be good enough to set out very clearly for us why you think that this is not the case.
Advice given
The Planning Inspectorate is not disputing that in carrying out its functions in accordance with the Planning Act 2008 (PA2008) it is bound to act compatibly with the Human Rights Act 1998 (HRA1998).
Sections 37 and 55 of the PA2008 set out what the Secretary of State (SoS) can take into account in deciding whether or not to accept an application, and this a matter of fact. Whilst these sections do not specifically refer to the HRA1998 the Planning Inspectorate considers that the process of preparing an application (incumbent on applicants) and considering the application both at the Acceptance and Examination stages (incumbent on the SoS), in accordance with the PA2008, is compliant with the HRA1998.
Before an application is submitted to the Planning Inspectorate, the PA2008 requires applicants to notify members of the public (including those whose interests may be affected) about a proposed application and to carry out consultation. These duties placed on applicants provide consultees with the opportunity to make their views about a proposed development known to an applicant. At the Acceptance stage the Planning Inspectorate tests whether an application is of a satisfactory standard, and whether the applicant has carried out consultation in accordance with the PA2008, including how it has had regard to relevant consultation responses and whether statutory guidance has been followed. The Planning Inspectorate can only accept an application if these statutory requirements are met, which ensures compatibility with the HRA1998 (including Article 6).
If an application is accepted for examination, anybody can register to become an Interested Party and participate in the process, making their views about a proposed development known. These views will be taken into account by the appointed Examining Authority and ultimately the relevant SoS. This inclusive principle, underpinned by the provisions in the PA2008, also ensures compliance with the HRA1998.
