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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
General
Enquiry
Why don't we see the Consultation Report before the Application is considered. Is it not appropriate to allow the consulted parties the opportunity to either confirm or comment on the content of the Consultation Report. I can well understand that we don't need to see the CR if the Application is refused (unless it goes to appeal?)
Advice given
The consultation report is a document required by the Planning Act 2008 as amended (the PA 2008), to be submitted with an application for a Nationally Significant Infrastructure Project (section 37 of the PA 2008). Applicant?s may choose to make this document available prior to making their application, however there is no requirement within the legislation for them to do so.
Upon receipt of an application, the Planning Inspectorate (on behalf of the Secretary of State) contacts the relevant local authorities to ask if they wish to make an ?adequacy of consultation representation?. This is a representation about whether the applicant complied, in relation to that proposed application, with the applicant?s duties under sections 42, 47 and 48 of the PA 2008 (duty to consult, duty to consult the local community and duty to publicise the proposal). This is explained within section 55 of the PA 2008.
I have provided links below to information you may find to be of use:
Department for Communities and Local Government Guidance on the Pre-Application Process, Paragraphs 59 ? 69 are relevant to your query and explain that you should in the first instance contact the applicant if you wish to make comments about how they conducted their pre-application consultation, you may also wish to write to the relevant local authorities with these comments: attachment 1
Advice note 14 compiling the consultation report: attachment 2
