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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
I note from media coverage regarding the recently resubmitted DCO application for the former Manston Airport that part of the site could be used for Operation Stack. The following excerpt is taken from a KentOnline article which can be found at the following link :
attachment 1
"Thanet Conservative county councillor Paul Messenger first revealed the news that there was to be a second application at a full council meeting.
And he revealed there was the possibility the company - RiverOak Strategic Partners - could offer part of the site for holding lorries during Operation Stack.
In remarks that pre-empted any official announcement from the company, Cllr Messenger said Manston would help build the county’s resilience in the event that Brexit threatened to cause gridlock."
Could the Planning Inspectorate please clarify whether a proposal for use as the site as a lorry park is compatible with a DCO, ie. can a lorry park be considered as a Nationally Significant Infrastructure Project? Or can it be included as part of a separate DCO application which may be an NSIP, even though it is not itself an NSIP, and where it is not an activity which is directly associated with the NSIP.
Advice given
Section 14 of the Planning Act 2008 (PA2008) defines what ‘Nationally Significant Infrastructure Project’ means ie it sets out the types of projects that require development consent in the form of a Development Consent Order (DCO). Section 115 of the PA2008 sets out what development may be included in a DCO.
Government has issued guidance about ‘associated development’, which is available here: attachment 2
