Register of advice

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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 received via email

Kingsway Solar Farm View all advice for this project

21 January 2025
Richard Pargeter

Enquiry

I note the comment advice given by the Planning Inspectorate to KingswaySolar Farm Ltd (Kingsway) in their meeting of 13 November 2024 as follows: “The Inspectorate advised the Applicant to avoid submitting their Scoping report close to the seasonal holiday, as it may not receive fully informed responses from relevant statutory bodies owing to reduced capacity. The applicant advised that they are considering the milestone and programme implications of delaying the submission of the Scoping Report until January and will update the Inspectorate in due course.” I am disappointed that Kingsway have failed to take the Planning Inspectorate’s advice, and published their EIA Scoping report on 18 December, with a deadline for response of 14 January. This seriously compromises the ability of the statutory consultees to provide a considered response, and of local people and the Kingsway Solar Action Group to advise them on local information. I hope you will use your influence to get this deadline extended. This should be by at the very least the number of days of public holiday in the period, but preferably should recognise that many people will take part of their annual holiday entitlement in conjunction with the public holidays, and that at least an extension of a full week is appropriate. It should be recognised that the very people who Kingsway are relying on to comment on the EIA scoping report are those who also had to work at short notice to provide feedback to the initial proposals. In their feedback response, South Cambridgeshire District Council stated (on page 6) that “South Cambridgeshire District Council (SCDC) was not given the opportunity to review the Approach to Community Consultation document prior to the commencement of this non-statutory consultation (NSC 1) conducted by the applicants. SCDC strongly recommends that the applicants share such documents in draft form ahead of any future statutory or non-statutory consultation periods, allowing sufficient time for review and feedback. The Council also wishes to highlight that a six-week consultation period is considered too short, particularly given the very short notice provided. This approach risks leading to low participation and a limited response to this important consultation.” Thus it seems that Kingsway are developing a pattern of behaviour which seems deliberately aimed at limiting the quality of feedback and responses to their proposals. I trust you will use what influence and powers you have to delay this deadline, and encourage Kingsway to engage in meaningful dialogue. Best wishes, Richard Pargeter.

Advice given

Dear Mr Pargeter, Thank you for your correspondence about the proposed Kingsway Solar Farm project dated 28 December 2024. I apologise for our delayed reply and any inconvenience caused. We note your comments about the timescale given for EIA Scoping in this case and the advice we provided to the applicant. However, it is for the applicant to decide when to submit its Scoping request. During the pre-application stage, the Planning Inspectorate can only provide advice to potential applicants and others (under section 51 of the Planning Act 2008) about applying for an Order granting development consent and about making representations. The government’s guidance on the ‘Pre-application stage for Nationally Significant Infrastructure Projects’ (see the National Infrastructure Planning Guidance Portal) explains our role, what is provided by the Planning Inspectorate under its pre-application services, what is section 51 advice and how can it support the pre-application process. Additionally, our published Advice Note Seven: Environmental Impact Assessment: process, preliminary environmental information and environmental statements provides further information to applicants and others about the Scoping process. On the issue of consultation, chapter 2 of part 5 of the Planning Act 2008 sets out statutory requirements for applicants to engage in pre-application consultation with local communities, local authorities, statutory consultees and those who would be directly affected by the project. The government’s guidance on the pre-application stage explains the statutory requirements the applicant needs to comply with during the pre-application stage (see the list at paragraph 006, reference ID 02-006-20240430). The applicant will need to submit a Consultation Report with its application, setting out how it has met the consultation requirements of sections 42, 47 and 48 of the Planning Act and how the proposed application has been amended to take account of any relevant responses. Further information is provided in our published Advice on the Consultation Report. The Planning Inspectorate will continue to have meaningful discussions with the applicant about the project and the development of its programme of activities during the pre-application stage, including the applicant’s proposals for engaging with statutory consultees and local authorities. Yours sincerely, Harrison Coles Case Officer