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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
The attached letter from No Night Flights makes representations concerning the lawfulness of accepting the proposed DCO application given what is known about the business case supporting the application.
It is addressed direct to you because the arguments it contains concern the protection of fundamental human rights, which is a matter for the State and not the developer.
I look forward to hearing your response. Please do contact me if you require any further information.
Advice given
The matters the Planning Inspectorate (on behalf of the Secretary of State) can consider at the Acceptance stage are set out in s37 and s55 of the Planning Act 2008 (PA2008).
For details about how, when and to whom you can object to the Proposed Development, see FAQ 9 in our Community Consultation FAQ: attachment 1
Matters relating to environmental information, environmental assessment and the Human Rights Act will be considered by the appointed Examining Authority at the Examination stage; if the application is accepted.
In respect of your comments relating to the housing market, the PA2008 regime recognises that an Nationally Significant Infrastructure Project (NSIP) may create blight reducing land values. Section 175 of the PA2008 amends Schedule 13 of the Town and Country Planning Act 1990 to enable owner occupiers to serve a blight notice on the Secretary of State (SoS) requiring the SoS to purchase their property in certain circumstances. These are where a National Policy Statement (NPS) identifies a particular location as a potentially suitable location for an NSIP (there is no NPS in this case) or if land is blighted by an application being made for a Development Consent Order authorising the Compulsory Acquisition of the owner occupier’s land or from such authorisation being given.
Separately, any interference with private interests may give rise to a right to make a relevant claim. For further information see FAQ14 at the above link, and government guidance relating to Compulsory Acquisition procedures: attachment 2
