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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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.
Dear Sir or Madam, I wonder if you can help, I manage, together with several of my colleagues a number of large offshore high voltage electrical windfarm connections with cables onshore and offshore and as such we have experienced a stead increase in the planning applications associated with these recently. Therefore I would like to arrange a call to exchange contact details as several of the initial letters/emails have gone to the wrong address and improve our understanding of the process and interaction. Therefore could you please forward this email to the appropriate person to potential start this. In anticipation many thanks. Regards David Lyon
Good afternoon Mr Lyon Following our telephone conversation yesterday, I have provided in this email an overview of the Planning Act 2008 process, including any key milestones which might impact you. The development consent process for nationally significant infrastructure projects (NSIPs) is made up of stages, which is how I’ve set out the information below: Pre-Application: this is the initial stage during which the Applicant will be preparing their application for development consent, consulting with required persons and organisations and seeking advice and information from the Planning Inspectorate (PINS) on the process. During Pre-Application the Applicant is required, in accordance with s42 of the Planning Act 2008 (as amended), to consult on the proposed development with the following persons: (a) such persons as may be prescribed - this includes all persons listed in Column 1 of the table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (aa) the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2) - the areas specified in subsection (2) include waters in or adjacent to England (offshore wind projects would be impacted by this) (b) each local authority that is within section 43 - this includes the local authorities for land affected by the proposed development (c) the Greater London Authority if the land is in Greater London, and (d) each person who is within one or more of the categories set out in section 44 - this includes any person who owns, is a legal tenant/lessee or has a legal interest in the land that would be affected by the proposed development - during Pre-Application the applicant is required to make diligent enquiry to ascertain any and all persons within these categories and consult with them The Applicant is also required to keep the local communities in the areas which would be affected by the proposed development notified during Pre-Application via a Statement of Community Consultation (see s47 of the Planning Act) and notices published in local and national papers, including in Lloyds List and an appropriate fishing trade journal if relating to a proposed offshore development (see s48 of the Planning Act and section 4 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009). In accordance with Regulation 10 of the EIA Regulations 2017, the Applicant is required during Pre-Application to seek an opinion from PINS on the content of their Environmental Statement (a document relating to the environmental impact of the proposed development forming part of their application for development consent). Before providing the Applicant with their opinion, PINS must consult with all parties listed in column 1 of the table as set out in Schedule 1 of the Infrastructure Planning (Applications Prescribed Forms and Procedure) Regulations 2009. Please also see Advice Note 3: EIA Notification and Consultation attached to this email. It is the responsibility of the Applicant to ensure that their pre-application consultation fully accords with the requirements of the PA2008, including associated regulations, and that they have regard to relevant guidance. The Applicant must also contact PINS to inform them of the proposed development and arrange an initial meeting to discuss the progress of the project so far, as well as the requirements and responsibilities of both the Applicant and PINS throughout the development consent process. PINS can provide advice throughout the Pre-Application stage. The Applicant can also submit draft versions of their application documents to PINS for review prior to the submission of the application. For further information please see our Advice Note 8.0: Overview of the nationally significant infrastructure planning process for members of the public and others’, and Advice Note 8.1: Responding to the developer’s pre-application consultation, which I have attached to this email. Acceptance: this is the stage during the development consent process in which the Applicant submits the final version of their application to PINS. Once the application for development consent is received by PINS, we have 28 days in which to ascertain if the application has met the necessary statutory requirements, including the requirements as set in sections 42 - 48 of the Planning Act 2008 ‘Duty to Consult’. Pre-Examination If an application for development consent has been accepted by PINS, registration for Interested Parties (IPs) to the proposed development officially opens, during which individuals and organisations can register their views, which will help to inform the Examining Authority’s examination of the project. As registered IPs they will also be kept informed of the progress of the examination and receive notifications of related hearings and site inspections. Examination The Examination of an application for development consent must be completed within six months. During this time the Examining Authority will gather evidence and information on the proposed development in the form of written representations submitted by the Applicant and Interested or Affected Parties. Persons with IP status (see Pre-Examination above) will be invited to submit information throughout the Examination process. However, any person can submit information during Examination, and it is the ExA’s decision whether to accept it into the Examination. Hearings can also be held within the vicinity of the proposed development, which focus on a specific issue(s) (environmental, compulsory acquisition, the development consent order, etc) or are ‘open floor’ during which anyone can attend and give their views. Throughout the Examination, PINS will send correspondence to persons/organisations that have registered as IPs to the project, and all statutory consultees in accordance with s42 of the PA2008. A list of the persons who are statutory consultees as set out in s44 are provided to PINS by the Applicant in their Book of Reference which is submitted as part of their application. Recommendation Once the Examination has closed, the Examining Authority has three months in which to write a Recommendation Report on the proposed development, which will then be submitted to the relevant Secretary of State. Decision Once the recommendation report has been submitted, the relevant SoS has three months in which to make their decision whether or not to grant development consent based on the information provided. Post-Decision Once a decision has been granted by the SoS, there is a six-week period in which the decision may be challenged in the High Court (a judicial review). I hope that the above has been of help to you. PINS’ full suite of advice notes, legislation and guidance can be accessed via our website: attachment 1. We also advise you to review our guide on the development consent process, which includes the video ‘6 stages of the development consent process’: attachment 2 In your email to us you stated that correspondence to yourselves has not been sent to the correct address. If this has been sent from PINS please let us know of the project that this relates to, including the correct contact information for yourselves (as well as any reference numbers included in the correspondence), and we will update our records accordingly. However if the correspondence has been sent to you by the Applicant we advise you to inform them directly of the contact information of the person within your organisation who is in the most appropriate position to provide a response on the impact of their proposed development on the affected wind farm in question. Please contact us at any time if you require further information or clarification on the above. If this remains unclear, and you maintain your request for a face to face meeting, please let us know. However, it is worth noting that our offices are not current available due to the COVID-19 pandemic. Nevertheless, it may be possible for us to arrange a virtual meeting with yourselves via Microsoft Teams earlier. Yours sincerely