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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

17 September 2020
John Webb


Dear Louise This has been extremely helpful thanks once again for your assistance. May I just enquire further with regards to the applicants “Preliminary Environmental Information Report”. Is the (PEIR) the applicants opportunity to address the Inspectors concerns detailed in his “Environmental Statement Scoping Opinion" report.? Would it be reasonable to expect the applicant to comprehensively address the Inspectors specific concerns such as? - Risk of Major Accidents and/or Disasters and Flooding. Tidal, Breach and Over Topping / Fluvial and critical drainage issues. Addressing these issues will not only be of an advantage to the applicant, it would also give the local community confidence that the Local Authority will have considered all residual risk ramification of this application. There are reservations however that adverse public comments on such issues, however soundly formulated, having been submitted to the applicant may not be transmitted to the Inspector for further consideration. I am particularly grateful for your direction towards Sec47 of the Planning Act 2008 and the reference to the area of public consultation, “living in the vicinity of the land”. In this context what does this actually mean? For example, could it relate to the HSEs consultation distances (CD)or should it reflect the revised “Hazard Range” as determined by the Installations “Safety Report”. Some clarity would be helpful as to the term (vicinity) in respect of the possible impact on the wider area of residential properties that this public consultation should embrace. Thank you once again Yours sincerely

Advice given

Dear Mr Webb Thank you for your email. The purpose of the Preliminary Environmental Report (PEIR) is to enable consultees (both specialist and non-specialist) to understand the likely environmental effects of the Proposed Development and help to inform their consultation responses on the Proposed Development during the pre-application stage. It is defined in s.12(2)(b) of the EIA Regulations as information which: (a) has been compiled by the applicant; and (b) is reasonably required for the consultation bodies to develop an informed view of the likely significant environmental effects of the development (and of any associated development)’ The Applicant recently published an update on their project website concerning their plans for formal pre-application consultation which they intend to commence in early 2021: attachment 1 In this update the Applicant states that the formal Environmental Information Scoping Opinion received from the Planning Inspectorate has been used to continue to progress the design of the project and to develop their programme of environmental assessment, (along with the responses received during the 2019 informal consultation and ongoing discussion with various stakeholders) and therefore this should inform any consultation documents provided by the Applicant during their statutory consultation next year. Please note that an Inspector (Examining Authority) will not be appointed until the application for this project is accepted for Examination. To answer your second query, it is for the Applicant to determine during the Pre-Application period which parties fall under the category of s47 (‘people living within the vicinity of the land’), and for them to then justify their compliance within their application for development consent. The Applicant is expected to consult with relevant local authorities, statutory consultees and those owning or having an interest in the land that would be affected by the proposed development. The Applicant should have regard to guidance as well as the views of relevant local authorities on their proposed consultation with the local community under s47. I hope that this has been of help to you. Kind regards

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