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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
Can the preapplication stage continue in perpetuity?
Are there circumstances where pins can cause the applicant to withdraw the application?
In terms of the deprivation issues relating to some parts of Ramsgate that are on the direct flight path (within 1 to 4 km of the end of the runway) and are also some of the most deprived wards in the uk, is there anywhere the local community could look for expert support during the preapplication and application stages?
Have there been any other DCO applications that have significant similarities to the Manston one, that I could look at in terms of comparative guidance?
Advice given
“Can the preapplication stage continue in perpetuity?”
Please see my response to you dated 5 January 2018 within which I have already provided an answer to this question: attachment 1
“Are there circumstances where pins can cause the applicant to withdraw the application?”
The Planning Inspectorate cannot compel an applicant to withdraw an application. If an application is submitted to the Planning Inspectorate and subsequently accepted for examination, it can only be:
• withdrawn by the Applicant; or
• decided, following due process, by the relevant Secretary of State.
“In terms of the deprivation issues relating to some parts of Ramsgate that are on the direct flight path (within 1 to 4 km of the end of the runway) and are also some of the most deprived wards in the uk, is there anywhere the local community could look for expert support during the preapplication and application stages?”
Any expert/ legal advice sought in respect of an application for development consent would need to be procured by an individual/ interest group or organisation by conventional means. Alternatively you could contact Planning Aid which offers free independent, professional advice and support to individuals and local communities wishing to engage in the planning process: attachment 2
“Have there been any other DCO applications that have significant similarities to the Manston one, that I could look at in terms of comparative guidance?”
There have been no previous applications for development consent made under s23 of the Planning Act 2008. However, most applications for development consent will share similarities, to a greater or lesser extent, in respect of the most common issues examined across the breadth of NSIP development.
For decided applications a good place to start in identifying the main issues that influenced an Examining Authority’s (ExA) consideration of the case for development consent is, in each case, the respective ExA’s report to the Secretary of State (SoS) and the subsequent decision and statement of reasons issued by the SoS. ExA reports may assist in demonstrating to you, and other members of the local community, how individuals and interest groups can most helpfully and effectively make representations to an examination. Examples of reports and decisions associated with all decided NSIP applications are available to read on our website.
