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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
A57 Link Roads (previously known as Trans Pennine Upgrade Programme) View all advice for this project
Enquiry
The enquirer made comments about the quality of the Applicant's Pre-application consultation, and asked specifically:
"In assessing an application for the DCO, how would the Inspectorate deal with the
wider upgrades to the A628 corridor if they are in an approved statutory transport plan?"
Advice given
If you have not done so already, please provide your comments about its consultation directly to Highways England. You can also copy your comments to the relevant local authority which will be able to consider them in making its Adequacy of Consultation Representation; if an application is submitted. At the Acceptance stage of the process, the Secretary of State (SoS) must have regard to the content of any Adequacy of Consultation Representations received when taking its decision about whether or not an application can be accepted to proceed to examination.
You asked: “In assessing an application for the DCO, how would the Inspectorate deal with the wider upgrades to the A628 corridor if they are in an approved statutory transport plan?”
As you will be aware, where a relevant National Policy Statement (NPS) is designated it has primacy in the decision-making process. In this case the relevant NPS is the NSP for National Networks. Section 104 of the Planning Act 2008 sets out, in addition to an NPS, what else the SoS must have regard to in deciding an application. Section 104(d) prescribes that the SoS must have regard to any other matters which the SoS thinks are both important and relevant to the decision, which may include local/ strategic policies and plans.
In respect of Environmental Impact Assessment, for the Planning Inspectorate’s advice in respect of which development should be in considered as part of an applicant’s cumulative effects assessment, please see Advice Note 17: attachment 1
