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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Transport for London queried the process for issuing a second notice under s56 of the Planning Act 2008.
Advice given
On the basis of the evidence shared by Transport for London (TfL) with the Planning Inspectorate, our opinion is that if TfL chose not to notify the new company under s56 before it provided certificates under ss58 and 59 of the Planning Act 2008 (PA2008), then an offence would be committed and the Planning Inspectorate would need to consider the appropriate action to be taken.
To avoid the risk of creating such an offence, TfL should serve s56 notice on the new company before any certificates are submitted to the Planning Inspectorate. The new s56 notice should provide a minimum period of 28 days within which the new company may make a relevant representation (RR) to the Planning Inspectorate. It should also make clear to the new company that the RR period as previously notified has closed, and that within the bespoke 28 day period any RR from the new company should be sent to the Silvertown Tunnel project mailbox at the Planning Inspectorate: [email protected]
Having served notice on the new company under s56, TfL could then, as soon as practicable if desired, provide s58 and s59 certificates to the Planning Inspectorate which would not contain a statement that TfL knew to be false or misleading, and had not been recklessly issued.
In respect of the implications of the above for the process, the Planning Inspectorate will be unable to publish the RRs received in the period publicised in the original s56 notice until such time as:
1. The new company makes a RR to the Planning Inspectorate in the manner described above; or
2. The 28 day (minimum) period provided to the new company expires and a RR has not been received from it.
However, neither eventuality will prevent the appointed Examining Authority (ExA) from issuing its invitation to the Preliminary Meeting under Rule 6 of the Infrastructure Planning (Examination Procedure) Rules 2010.
In summary, it is unlikely that the circumstances described above would delay the anticipated programme; at least in terms of the timing of the Preliminary Meeting and the structure of the draft Examination Timetable as it stands (subject to any representations received about it). What the circumstances do affect is the publication of the RRs and therefore the ability for TfL to begin preparing its responses to them within its desired timeframe.
