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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 do understand that every situation is unique and the appointed Planning Inspector has to use his own judgement in making his recommendations to the Secretary of State. Section 5.184 of the NPSNN states that consideration needs to be given to the use, character, attractiveness and convenience of the right of way. To a lay person this would appear to have very similar meaning to the wording in the 1980 Highways Act. in that a diverted path should not be substantially less convenient to the public [in terms of being less scenic and less convenient in terms of distance and accessibility].
My question is - am I missing something or would the above considerations be the things that a Planning Inspector would take into account when making a recommendation?
Advice given
An appointed Examining Authority would be required to have regard to the content of the National Policy Statement for National Networks (NPSNN) in making its recommendations to the Secretary of State (eg the mitigation considerations in paras 5.184 and 5.185). Moreover, the Secretary of State must make its decision in accordance with the NPSNN.
