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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

Oikos Marine & South Side Development

09 September 2020
John Webb


Dear Louise, Please see this speedy response from Oikos Community Relations to my email dated 12th July 2020 from which I have made the following observations. Oikos agree that effective engagement is a critical element of the DCO process and express that the SoCC is essentially a plan of activities undertaken to consult local communities. As to content of this engagement however they state that:- The SoCC itself does not, therefore, include detailed information about the proposal, the likely implications of the project, nor does it summarise the consultation undertaken to date or the views of the local community. Information relating to the project and its likely impacts and implications is included in the Preliminary Environmental information Report. It is not clear how this can be regarded as effective engagement if the Statement of Community Consultation does not reflect the unique circumstances of the community/area of Canvey Island. If this is indeed the correct procedure, it seems that the SoCC event undertaken by Oikos will only take the form of a Presentation and not a Consultation. Those with the concerns that have been highlighted as Local Issues, need not therefore partake in the process but instead await the production of a “Preliminary Environmental information Report.” As such Public Safety concerns effectively become an afterthought. This does not seem to correspond with the spirit of Advice note 8.1 “3. Statutory consultation with the local community This is required and is usually carried out nearer to the submission of the application. At this stage the project is likely to be more defined, although the developer should retain the flexibility to alter the development based on consultation feedback. The developer is under a legal duty to demonstrate that they have had regard to consultation responses at this stage, although that isn’t to say that they must agree with all of the views put to them in the responses recieved.” What is apparent is that it is not in the applicants interest to discuss the increased Ramifications of Major Accidents, residual or otherwise, nor is it the interest of Castle Point Borough Council to take ownership of Societal Risk when it impacts on their Local Planning aspirations. It is therefore imperative that public participation of the examination of this project is encouraged and I am extremely grateful for your assistance with this matter. Yours sincerely

Advice given

Dear Mr Webb Thank you for your email, and I apologise again for the delay in replying. The Statement of Community Consultation (SoCC) is a statement setting out how the applicant’s consultation activities within the areas impacted by the proposed development will be conducted, including details of public consultation events (e.g. dates, locations, which documents will be available to view at the event etc) and how views on the proposed development can be submitted. An example of a SoCC for an earlier port development nationally significant infrastructure project (NSIP) can be viewed here: attachment 1. The applicant is statutorily required to consult with each local authority within the vicinity of the proposed development on the intended content of this statement, and to have regard to any responses provided. The views of the affected local authorities on the applicant’s intended consultation with the community must be reflected in the final version of the SoCC. The Preliminary Environmental Information Report is often provided in draft form at public consultation events for review, after which comments can be submitted to the applicant. On submitting their application for development consent, the applicant must demonstrate that they have met all statutory requirements necessary for their application to be accepted for Examination, which includes the requirements relating to the Statement of Community Consultation, as set out in s47 of the Planning Act 2008 (as amended) . If the applicant has not demonstrated in their application that they have met these statutory requirements, their application may not be accepted for Examination. During the Pre-Application period, the Planning Inspectorate will provide advice to the applicant on the statutory requirements that they must meet in order for their application for development consent to be accepted, as outlined above. I hope that this email has been of help to you. Please contact us if you have any further queries. Yours sincerely

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