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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
I would like to enquire as to whether a Secretary of State, when making a decision on a NSIP, can make recommendations/amendments on the proposals before him, or whether he must simply grant or refuse the permission on the exact terms presented to him
Advice given
The secretary of state receives a recommendation and report from an Examining authority who will have examined an application for a DCO as put before them. During the examination minor, non-material changes can be made to the application as submitted. You may also be interested in the attached letter from Bob Neill which deals with more significant post application changes: attachment 1
Once the process is complete and the decision made by the secretary of state to consent a Development Consent Order the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 applies. A link can be found here attachment 2 .
