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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
General
Enquiry
The enquirer drew attention to responses to the Applicant's Pre-application consultation and asked if there was any action the Planning Inspectorate could take.
Advice given
The Planning Inspectorate cannot apply the tests in s55 of the Planning Act 2008 (PA2008) until such time as an application is formally submitted to it ie during the Acceptance stage. At the Pre-application stage the onus is on the Applicant to carry out statutory consultation and to prepare a Consultation Report which the Applicant is satisfied gives details of:
(a) what has been done in compliance with sections 42, 47 and 48 [of the PA2008] in relation to a proposed application that has become the application,
(b) any relevant responses, and
(c) the account taken of any relevant responses.
