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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

Southampton to London Pipeline Project View all advice for this project

29 March 2018
Andrew Grimshaw

Enquiry

There is a consultation on-going re a proposed ESSO pipeline. I note that under the guidance Local Authorities have to be consulted before public consultation. According to the team at the exhibitions that would have included a Parish Council but not a local Neighbourhood Forum with an approved plan. Do you believe this as this a correct interpretation of your guidance.

Advice given

Whilst the Inspectorate is unable to provide an interpretation on consultation guidance, I hope the following information is of assistance to you. The Applicant has a duty under Section 47 of the Planning Act 2008 to prepare a Statement of Community Consultation (SoCC) and to conduct its consultation in line with that statement. However, before carrying out consultation, the Applicant is required to seek each Local Authority’s (LA) views on the contents of the SoCC. Paragraph 37 of Planning Act 2008: Guidance on the Pre-Application Process specifies: “In its role as a consultee on the Statement of Community Consultation, the local authority should focus on how the applicant should consult people in its area”. Further information on the role of the LA in the SoCC can be found in section 5 of the Inspectorate’s Advice Note 2. Paragraph 5.3 is particularly relevant, which specifies: “Local authorities are advised to think about the characteristics of the communities affected and may also wish to ask for input from parish or community councils to help inform the response provided to the developer”. I should explain that when an application is submitted for Examination, the Inspectorate will seek each LA’s views on the adequacy of the Applicant’s consultation. As such, at this stage in the process, I would suggest that you raise any concerns you have on this matter with the LA or with the Applicant directly.