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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Oikos Marine & South Side Development
Dear Louise The community of Canvey Island have been encouraged to participate in the Oikos Statutory Consultation on the OMSSD project from 6th April 2021 till the 18th of May 2021. Although recognising that this consultation is a key stage in the application process, it precedes any meaningful response to issues identified by the Planning Inspectors Opinion Comments that are of concern to the community of Canvey Island. The consultation only considers the positives and lacks explanation of the likely significant cumulative effects of the development on the population and the environment. It appears that the community can however take comfort in regards to the controls of increased hazards, risk and the cumulative impact on safety and well-being issues, as comprehensively detailed within the CPBCs Local Plan Ports Policy EC4. It would not be unreasonable to suggest that Policy EC4 may have the effect of encouraging the public’s non- participation via the applicant’s community consultation process. From CPBCs Local Plan Local Policy EC4 Canvey Port Facilities 1. Existing operations Applications for development within the allocated Port Related Facilities Area shown on the Policies Map at the existing port facilities at South Canvey will be permitted subject to compliance with the following criteria: a. There must be no increase in the level of hazard or risk posed by the facility as a consequence of the proposals. The advice of the Health and Safety Executive will be sought in relation to this matter; b. The design of the proposed development must not cause significant harm to the landscape, having regard to the scale of existing development on the site; c. Public access to the coastal path adjacent to the site must be retained; and d. The future operation of the site will not result in adverse impacts on water quality in the Thames Estuary, or have a significant adverse effect on protected nature conservation sitesNeither the development itself, nor the future operation of the site will result in adverse effects on the integrity of Benfleet and Southend marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans or projects. This must be demonstrated through a project level Habitats Regulations Assessment. Where appropriate proposals will be required to deliver a biodiversity net gain; and e. The design of the proposed development will incorporate measures to manage current and future flood risk, ensuring development is resistance to all sources of flood risk, including careful consideration of emergency planning procedures and areas of refuge for site users. 2. Proposed operations Applications for the change of use, change of materials handled, or for redevelopment of the existing port facilities at South Canvey will be permitted subject to compliance with the following criteria: a. It can be demonstrated that the proposal is in the national interest; b. The level of hazard and risk posed by the site is no greater than existing levels. The advice of the Health and Safety Executive will be sought in relation to this matter; c. The design of the proposed development must not cause significant harm to the landscape, having regard to the scale of existing development on the site; d. Public access to the coastal path adjacent to the site must be retained; and e. Neither the development itself, nor Tthe future operation of the site will not result in adverse impacts effects on the Integrity of Benfleet and Southend Marshes SPA and Ramsar site or the Thames Estuary and Marshes SPA and Ramsar site, either alone or in combination with other plans and projects. This must be demonstrated through a project level Habitats Regulations Assessmenton water quality in the Thames Estuary, or have significant adverse effects on protected nature conservation sites. Where appropriate proposals will be required to deliver a biodiversity net gain; and f. The design of the proposed development will incorporate measures to manage current and future flood risk, ensuring development is resistance to all sources of flood risk, including careful consideration of emergency planning procedures and areas of refuge for site users. 3. In the event that a proposal in relation to port facilities on Canvey Island is of a sufficient size to be considered a National Infrastructure Project for determination by the Planning Inspectorate, the Council will consider its response in accordance with the requirements of this policy. Both Oikos and the Port of London Authority objected to these constraining issues presented by Policy EC4 in particular to 1(a) 2(b) and 3 as highlighted above. These objection arguments can be found via CPBCs Local Plan evidenced document. EXM-016 Reg 19 Schedule of representation 691-706 forwarded by Jennie Reynold This Castle Point Council response (below) provides some assurance that the potential “cumulative effect” had been assessed in relation to aspects of the environment, health safety and well-being likely to affect the significantly proposed increased population via housing development aspiration of the Local Plan and the existing population of Canvey Island. “The Council welcomes the representation from the PLA in respect of policy EC4 regarding the duplication of wording. This duplication was recommended by IPE in their Local Plan support role during 2018, and therefore the Council is not minded to amend policy EC4 in this regard. The Council however feels that the requirements of policy EC4 are appropriate given that these facilities are located on an Island with a population of around 40,000 people which should be a critical consideration when determining the acceptability of any proposal for these sites”. Waiver of Hazardous Substance Control What is not generally known by the population of Canvey Island is that the Cabinet of the Council when discussing the “Oikos Port Expansion” at the meeting of the 19th of February 2020, elected to approve the inclusion within the “Development Consent Order” the “Hazardous Substance Consent” and waive the Council’s determination of such a consent in respect of the OMSSD DCO. In doing so completely negating the spirit of Local Policy EC4 Please see attached. Agenda Item7(b) Oikos Marine and South Side Development – Development Consent Order (Report of the Cabinet Member Regeneration and Business Liaison) Seemingly the ambiguity that the decision taken to waive the Hazardous Substance Consent process of this application did not (as would normally be the case) include the Council Hazardous Substance Authority i.e., the Planning Authority, has not been challenged. Land Use Planning in combination with Hazardous Substance Consent is now a primary vehicle for the protection of communities, replacing the Seveso III EU Directives recognition and response to societal risk. National guidance seeks to protect communities living and working within the environment of Hazardous Substances. The hazardous substances consent process ensures that necessary measures are taken to prevent major accidents and limit their consequences to people and the environment. This is a key part of the controls for storage and use of hazardous substances which could, in quantities at or above specified limits, present a major off-site risk. The system of hazardous substances consent does not replace requirements under health and safety legislation. Hazardous substances consent provides control over the presence of hazardous substances whether or not an associated planning permission is required. Where the presence of a hazardous substance is directly associated with a proposed development, local planning authorities can exercise control through the decisions on applications for planning permission. The consent process regulates the storage and use of hazardous substances and enables breaches of control, which may present serious risks, to be dealt with quickly and effectively. The Hazardous Substance application process would have given Local Councillors and the general public the opportunity to make representation. The following statement presented by Castle Point in relation to the EIA response to the Inspectorate consultation. Email dated 6th May 2020. “Consideration is also given to the cumulative impacts of the proposed development when considered in the context of other developments” seems to imply that CPBC considers that the proposed further development of Canvey Island including large scale housing, in addition to the existing 40.000 residents is acceptable in terms of the ramification of a serious event. However, Land Use Planning and Societal Risks are intrinsically linked, both of which are the sole responsibility of CPBC. Robust consideration is required of the cumulative effect on both the current and future population of Canvey Island specifically in respect of increased hazard range and numbers of person that could be injured as a result of an industrial accident, residual or otherwise. This statement is certainly inconsistent with the statement offered as justification to retain specific policy items as detailed by Local Policy EC4. Other matters such as access and egress issues to and from Canvey Island having implication for Emergency Planning creating a cumulative impact, are not being appropriately assessed. Table 21.1 found in the applicants April 2020 Scoping report is inconsistent with the Local Plans development aspirations for Canvey Island, undergoing examination at this moment in time. The Oikos statement of Community Consultation fails to acknowledge Local Policy EC4 CPBCs submitted for examination, Local Plan fails to reference the OMSSD. Pre application consultations between Oikos CPBC and ECC failed to highlight this discrepancy even though robustly contested via the Reg 19 LP Consultation process. Your consideration of this and other matters are greatly appreciated. Yours faithfully Steve Sawkins.
Dear Mr Sawkins, Thank you for your recent e-mail in relation to the proposed Oikos Marine and South Side Development project, which is currently in the pre-Application stage. An Application is expected to be submitted to the Planning Inspectorate in Quarter 3, 2021. Please note that the Pre-Application consultation process is entirely led by the Applicant, and the Planning Inspectorate has no involvement at this stage. The Applicant is responsible for ensuring that it complies with the legislative requirements surrounding consultation, which are set out in the Planning Act 2008. This includes a legal requirement for the Applicant to consult with Statutory Bodies such as the Health and Safety Executive (HSE). Your e-mails provide your comments on the merits of the Proposed Development, which the Applicant is seeking during this consultation. As such, if you have not already done so, it is important that you make these comments directly to the Applicant. If you are not satisfied that the Applicant is taking them into account you should raise this with the Local Authority also. For further information, please see our advice note 8.1 on Responding to the developers pre-application consultation. As you are aware, the Applicant is currently carrying out its Statutory Consultation, which launched on 6 April 2021. It is understood, from the Applicant’s website, that the deadline for consultation responses is 11:59 on 18 May 2021. Ways to get involved with the Applicant’s Statutory Consultation It appears from the Applicant’s website that they are introducing alternative ways for members of the public to engage in the consultation, whilst restrictions on social gatherings are in place. I have taken the information below from the Applicant’s website to assist you: Register for one of the online webinars: You can also register by calling 0800 206 2583. The events include a question and answer session and are taking place on: Monday 26th April, 11am – 2pm Thursday 29 April, 9am – 1pm Tuesday 4 May, 6pm – 9pm Saturday 8 May, 8am – 11am Visit the virtual exhibition room Book a telephone surgery – project surgery appointments can be booked with a member of the Applicant’s project team to talk through questions and issues relating to the project. Please email [email protected] or call 0800 206 2583 if you would like to book an appointment. Written comments can also be submitted via email: [email protected], or by post: OIKOS FREEPOST (must be written in capitals and no stamp is required). Further information on the project, including their consultation activities, documents, feedback forms and how to submit your comments are available on the OMSSD website at www.oikos.co.uk/omssd/consultation Information about the Planning Inspectorate’s remit once the Application is submitted When an application is formally submitted to the Planning Inspectorate for Examination, an assessment is made on whether it is of a satisfactory standard to proceed to an Examination. One key element of this assessment is to check whether the Applicant has fulfilled its statutory consultation duties. In order to help make an informed decision on this matter the Inspectorate writes to all host and neighbouring Local Authorities for their views on the adequacy of the consultation. The Applicant is also statutorily required to demonstrate in its submitted application where they have shown regard to responses received during their period of statutory consultation. If the Application has been accepted for Examination, you will be able to register as an Interested Party and make Relevant Representation; Please read our advice note on How to Register to participate in an Examination for further information. Once an Examining Authority is appointed, it will make an initial assessment of the issues arising from the submitted application as well as from the Relevant Representations, which will contribute to their Examination of the proposed development. Please note that it is not within the Planning Inspectorate’s remit to comment on the policy you refer to, or how/what the Applicant considers as relevant to their considerations. However, the Examining Authority will make its recommendations within the framework provided by the National Policy Statement for Ports, as required by the Planning Act 2008 and will also take into account matters it considers relevant and important to its recommendation including relevant policy/local plan. However please be aware there would not be any scope to dispute the contents of such policy frameworks during the Examination. In order to assist parties in understanding the Planning Act 2008 process, the Planning Inspectorate has prepared a suite of Advice Notes, which are available on our website. The Advice Note 8 series provide an overview of the examination of Nationally Significant Infrastructure Projects for members of the public. Hopefully you will find these of assistance. You may wish to note that the Planning Inspectorate has set up a project page for the Oikos scheme where documents received and issued during the course of the Examination will be published to this page. Hopefully this e-mail is of assistance but if you require any further information please do not hesitate to contact us. Kind regards Caroline