Register of advice

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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 received via email

West Midlands Interchange View all advice for this project

17 February 2017
Stop the Gailey Freight Hub - Maurice Cotton

Enquiry

This is a matter of serious concern regarding a Nationally Significant project that you have commenced giving advice on. Ref: TR050005 West Midlands Interchange
I am writing on behalf of the group representing local community opposition to the proposal.
As a group, we will register as interested parties when the application is formally lodged (September?) – or earlier if that is permitted.
The proposers, the Staffordshire County Council, the South Staffordshire District Council, all local Parish Councils, and our two MPs are already aware of our representation.
However, many of the community have, in the last few days, been harassed by some very intrusive recorded delivery envelopes stamped in red “The Content of this Letter may affect your property” and containing a letter headed “IMPORTANT: THIS COMMUNICATION MAY AFFECT YOUR PROPERTY” - giving an ultimatum of 15 days to return an EIGHT page questionaire requesting personal property and mortgage details whilst not giving any adequate explanation of the suspicious mapped areas and schedules also included.
To all of us, this appears arrogant and intrusive; but to our older and more vulnerable neighbours it is very intimidating - even threatening in one instance.
Our understanding is that the proposers (and there is no application due to be lodged until next September) are supposed to agree a Statement of Community Communication (SOCC) with the Planning Inspectorate and/or District Council and to publish that .... before making any contact, never mind intrusive requests.

Advice given

As the Promoters have stated, if this proposal is a Nationally Significant Infrastructure Project (NSIP) it must follow the process as set out in the Planning Act 2008 (PA2008).
The PA2008 sets out the legislation and regulations that guides a developer on who and how to consult during the Pre-Application stage - the stage at which the West Midlands interchange project is currently in.
The legislation identifies different groups that a developer must consult with being, in headline terms, relevant local authorities, prescribed bodies, people with an interest in the land and the local community. PA2008 then sets out some requirements about how those consultation should take place (for example giving minimum deadlines for responses to be received).
In consulting with the local community, you are right that a developer needs to have published a Statement of Community Consultation (SoCC) before they can commence statutory consultation with local communities. It is our understanding that the Promoter is in the process of preparing that document. This does not mean that a developer is prohibited from engaging with the local community in the absence of a SoCC, just that they would need to have published a SoCC and undertaken the consultation outlined in that document before they could submit an application.
However, the SoCC only relates to consultation with the local community and does not cover how a Promoter establishes who are the relevant people with an interest in the land, and having established who they are, how to consult with them. From the information you attached to your email, this looks like a letter from the Promoter seeking to understand whether people have a (legal) interest in the land. To that end, it is not actually part of a statutory consultation and is therefore not specifically covered by the legislation and regulations.
I would strongly urge you to use the contact details on the letters you have received to discuss the matter directly with the Promoter and request further information or explanation about the process and set out your concerns on how the letters have been received.
You note that the District Council have confirmed that a SoCC should have been in place – do you have the contact details for the Officer that you spoke to, as it would be helpful for us to make contact with them to discuss this matter further.