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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
The question in my original email was, if you have to agree minutes from meetings with RSP is this is what is delaying publication ?
You had a meeting in January which had relevant details that were not published until after RSP’s consultations so people who were aware of it were unable to raise it with RSP. We have a right to be involved but when important information is not published in a timely way for whatever reason this is not possible
I have to say the whole DCO process seems secretive, flawed and very biased in favour of the applicant. Taxpayers seem to be paying for you to give free advice to the applicants while residents, who will be the ones to live with the consequences', get no support. Do you ever consider meeting groups who are opposed to these proposals and inform them of their legal position ?
Advice given
As explained in the advice signposted in our previous response to you (attachment 1, the internal and external review process takes time. For the meeting note in question, no particular party was responsible for the exceptional delay in publication.
In respect of your enquiry about advice to the local community about its legal position, section 51 of the Planning Act5 2008 establishes what the Inspectorate can issue advice about:
• Applying for an order granting development consent; or
• Making representations about an application, or a proposed application, for such an order.
Any advice given under section 51 does not constitute legal advice upon which enquirers can rely. Legal advice must be sought independently.
The volume of enquiries fielded in this case (and recorded on the project webpage) demonstrates the support the Inspectorate has endeavoured to provide to the local community in terms of understanding the process. We can and do meet with interest groups to provide advice within the scope summarised above in order to facilitate the process. Requests for meetings of this type are considered on a case by case basis.
Otherwise, if an application is resubmitted and accepted for examination, as previously advised you will have opportunities to make representations about the merits of the Proposed Development to the appointed Examining Authority. Please see Advice Note Eight, here: attachment 2
