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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
A planning permission by AxA & DMI Properties had recently been refused and they were reviewing design options for their scheme. The site of this scheme is to the south of your proposal and your red line boundary had included an access point for this site. You were therefore reviewing your scheme and red line boundary to consider whether this access point was still needed or its precise location as part of your proposals.
Advice given
Submission of a scoping request to PINS is entirely at the discretion of the applicant and therefore any amendments to the scheme from an original scoping would not require a further scoping request. You may wish to request a further scoping opinion from PINS if you think this would add value to your approach in assessing environmental impacts. It is accepted that schemes evolve and that red line boundaries etc may change after a scoping opinion has been issued.
It was noted that as part of the issued Scoping Opinion, there would a list of bodies that PINS has consulted as part of the statutory requirement to consult with specified statutory consultees ? its is called the ?Reg 9 List? following Regulation 9 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. This is a different Regulation to s42 Planning Act 2008 and Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009.
You noted that your statutory consultation was not scheduled until July/August 2015 and so any amendment of the red line boundary could be reflected in the proposal before the statutory consultation was undertaken.
In light of the change to the scheme, there was a discussion about what options and mechanisms there might be for securing the eventual access to the site, presuming that a subsequent planning application was submitted, these included:
? Amend your scheme in light of the up-dated planning application.
? Consult on, assess and submit your scheme with alternatives (i.e. without the access or with 1 or 2 potential access points).
? Request a post-submission change to the scheme once there is more certainty about the planning application, the risk will relate to whether the ExA determine if this would amount to a different scheme.
? Seek a post-decision material/non-material change to the scheme.
? Progressing the NSIP with no access and a planning application with proposed access to a currently unbuilt highway would potentially result in abortive works.
