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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
In a previous question, I asked whether a development consent obligation could be imposed upon the applicant during or as a result of the examination.
Could you also tell me whether it might be PINS that would initiate this or whether other parties could do so such as local authorities?
Advice given
An Examining Authority (ExA) may consider that a development consent obligation is necessary to make a development acceptable (eg in order to mitigate impacts) and could ask an Applicant during an Examination to enter into/provide one. If the Applicant refused to enter into/provide one, and the ExA considered it so material to the acceptability of the development, then this could lead to a recommendation for refusal of development consent.
Other parties such as local authorities could make representations to an ExA about the need for an obligation which would be considered during the Examination.
