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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
My questions are as follows:
1. Which of the 4 elements that Riveroak claim limit the existing capability of Manston to zero did you rely on in arriving at you conclusion that its has zero inherent capacity and thus RSP's proposals qualify as a NSIP ?
2. Did the Planning Inspectorate visit the site to verify the claims made by Riveroak and form their own view ? I would think not as you would have likely identified that the Fire station building does appear to have a roof.
3. What implications would there be for Riveroak if the claims they have made in this NSIP justification document are verfiably wrong and you have relied on them in reaching your conlcusions ?
4. What external aviation advice did the Inspectorate take to validate Riveroak's statments?
5. If, ignoring the other 3 elements, the Fire Station did actually have no roof would the sites exisiting owners then need to go through a DCO process to enable them to put the roof back on the building as the capability would then be well beyond 10,000 cargo ATMs needed?
6. Similary, could a third party, akin to Riveroak, launch a second DCO process to simply put a roof back on the Fire Station, release the existing capability of the airport at much lower cost, and obtain compulsory purchase powers over all the land at the airport.
Advice given
The matters that you raise are now for the examination. On that basis, please consider making your comments about the Proposed Development in a Relevant Representation*.
The process set out in the Planning Act 2008 is inquisitorial, meaning the appointed Examining Authority will ask questions to the Applicant and other Interested Parties based on, amongst other things, the evidence provided in the application documents and any relevant and important matters raised by Interested Parties in any representations received.
Please note that the Relevant Representations period for this project closes at 11.59pm on 8 October 2018.
The decision to accept the application for examination has been made. If you disagree with the way in which the Secretary of State’s decision in this case was taken, the decision may be challenged in the High Court through the process of Judicial Review (JR). For more information about the JR process you will need to seek your own legal advice.
*See Advice Note 8.2 - How to register to participate in an Examination: attachment 1
