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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Has the Planning Inspectorate agreed that RiverOak?s plans for Manston constitute a Nationally Significant Infrastructure Project (NSIP)?
What is the Planning Inspectorate?s role and engagement with RiverOak on their proposals to date and going forward?
How to participate in the process?
Advice given
You query whether the Planning Inspectorate has agreed that RiverOak?s plans for Manston constitute a Nationally Significant Infrastructure Project (NSIP). Whether or not the proposal is an NSIP depends upon whether or not it meets the definition contained in the Planning Act 2008 (PA2008). Airport development is capable of being an NSIP, depending upon its capacity and other factors, and RiverOak has told us that the scheme they propose will be an NSIP. Since no application has yet been made, we cannot say definitively whether or not this particular proposal is an NSIP.
You also query the Planning Inspectorate?s role and engagement with RiverOak on their proposals to date and going forward. The Planning Inspectorate has a duty under s51 of the PA2008 to publish any advice it gives about applying for an order granting development consent or making representations about an application or proposed application for such an order. This duty reflects the importance of the pre-application stage and the role of the Planning Inspectorate within it. The s51 advice provided by the Planning Inspectorate on this case can be accessed via the following link to the project page on the National Infrastructure Planning webpage: attachment 1
The Planning Inspectorate also provides a pre-application service for NSIP Applicants. This advice is free to use and is designed to help applicants in planning and carrying out their pre-application duties. The pre-application phase is a vital part of the NSIP regime. As a front-loaded process it is important that applicants can access helpful and timely advice about what they are required to do and when.
Turning to your points relating to consultation, the NSIP process as set out in the PA2008, is heavily front-loaded and requires that applicants undertake statutory pre-application consultation with local communities and others. Manston Airport is currently at the pre-application stage of the PA2008 process and therefore will be required to undertake consultation with the local community before any formal submission. Details of how to participate in the pre-application stage will be advertised locally however we are not aware that RiverOak have started their statutory pre-application consultation activity yet.
Until an application is formally made to us, RiverOak is your first point of contact for any comments you have on the proposal. Responding to the developer?s pre-application consultation is the best time to influence a project.
If an application is received and accepted for examination by the Planning Inspectorate, the applicant will be required to explain how it has taken account of comments received during their consultation. I would therefore again strongly encourage you to ensure that RiverOak are aware of your concerns. During examination, members of the public will have the opportunity to participate in that examination. Again, the opportunity to participate will be advertised in the local press at that time.
Further information on the role of the Planning Inspectorate during pre-application can be found on the National Infrastructure Planning webpage: attachment 2
This website also contains information on the Planning Act Process and how to be involved (see particularly Advice Note 8) attachment 3
For additional information, the link below takes you directly to the Pre-Application Service Prospectus for Applicants:
attachment 4
