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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

Portishead Branch Line - MetroWest Phase 1 View all advice for this project

17 October 2017
Bond Dickinson LLP - George Morton Jack

Enquiry

My query relates to Regulation 11(c)(ii) of the Infrastructure Planning (EIA) Regulations 2017.
Regulation 11(c)(ii) requires the Secretary of State or relevant authority to notify the applicant in writing of any particular person it considers likely to be affected by the proposed development, but unlikely to become aware of the development by means of the measures taken in compliance with Part 5 (applications for orders granting development consent) of the Planning Act 2008.
Our understanding is that for MetroWest, there has been no Regulation 11(c)(ii) notification in writing from PINS to North Somerset District Council as the promoter. Please can you confirm?

Advice given

Regulation 11(c)(ii) is part of the Infrastructure Planning (EIA) Regulations 2017. As far as we are aware, the Applicant is relying on the transitional provisions in the new Regulations and therefore would be subject to the Infrastructure Planning (EIA) Regulations 2009. This means that there is no requirement for a Regulation 11(c)ii notification. However, as part of the scoping process, we considered whether there were any Regulation 9(1)c persons when preparing the Regulation 9 list that was issued to the Applicant. We did not identify any 9(1)c persons for the MetroWest project.