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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

Medworth Energy from Waste Combined Heat and Power Facility View all advice for this project

21 December 2021
Clenchwarton and King’s Lynn South - Cllr Alexandra Kemp

Enquiry

1. As the County Councillor for King’s Lynn South, I wish to reiterate my concern that MVV Energie did not consult with residents in my Division, whose health and wellbeing would be greatly affected by their facility and so MVV’s consultation is therefore invalid. I submitted a response in the consultation period, via the Borough Council. during the statutory consultation period 28 June- 13 August. 2. The study spatial domain is 15 km from stack emissions but MVV only consulted within a 2-mile radius, missing out thousands of human receptors in King’s Lynn, the third largest urban area in Norfolk, and an area of considerable deprivation. 3. As the prevailing wind is towards Lynn, with winds around the Rive Ouse to the North Sea being particularly tempestuous, turbulence could carry the plume from MVV’s incinerator down to ground level in King’s Lynn. 4. But MVV “ scoped out” the need to assess the impact on air quality in Lynn. This was a glaring and negligent omission. 5. MVV’s statutory consultation is therefore invalid and HM Planning Inspectorate cannot reasonably allow MVV to proceed to a planning application. 6. There is a national oversupply of incinerators. The Secretary of State and the High Court recently refused permission for an incinerator in Kent, on the grounds there is no need for it, the energy generated is partially renewable at best, and would lead to the burning of resources that should be recycled. 7. There is no need for an incinerator in the Fens, a key farming area. MVV’s facility would put at risk the fertility of the soil, through acidification. 8. MVV plan to deliver waste from a 2hr travelling radius, which would include London, is clearly against the proximity principle.

Advice given

Thank you for your email of 28 November 2021 expressing concerns about the proposed Medworth Energy from Waste Combined Heat and Power Facility. The proposed application by Medworth CHP Ltd (the Applicant) is at the Pre-application stage of the Planning Act 2008 (PA2008) process. Therefore, the Planning Inspectorate is unable to consider representations about the merits of any application until it is accepted for Examination. The Planning Inspectorate also does not have the power to intervene in an Applicant’s pre-application programme. The process for applying for a Development Consent Order (DCO) is set out in the PA2008. The timing of the application’s programme is at the discretion of the Applicant. The Applicant has a statutory duty to have regard to all consultation responses received and this should be demonstrated in the Consultation Report which will form part of its DCO application. As soon as possible after receipt of the application, the Planning Inspectorate will invite the host and neighbouring local authorities to submit an adequacy of consultation representation. The Planning Inspectorate must have regard to any comments it receives from host and neighbouring authorities in deciding whether or not to accept an application for Examination. Further details can be found in Advice Note two: The role of local authorities in the development consent process Should the DCO application be accepted by the Inspectorate for examination, the applicant has a duty to notify the local community when providing information on how to register as an Interested Party for the purpose of the process. The process under the PA2008 has been designed to allow members of the public and statutory stakeholders to participate in examination of all DCO applications so that anyone interested in the proposed developments, their potential impacts and any relevant matters can be fully engaged in the examination process. Once the examination begins, the Examining Authority will assess all information submitted in the application documents and will consider whether the Applicant has provided the necessary level of information. The Planning Inspectorate has produced several Advice Notes to help provide an overview of the PA2008 process and the opportunities to get involved. They are available at the following link: attachment 1 The following are particularly relevant: Advice Note 8: ‘Overview of the nationally significant infrastructure planning process for members of the public and others’. Advice Note 8.1: ‘Responding to the developer’s pre-application consultation’ Advice Note 8.2: ‘How to register to participate in an Examination’. Please be assured that anyone interested in the proposed developments, their potential impacts and any planning matters can be fully engaged in the examination process. A copy of your correspondence has been placed on our records and will be presented to the Inspector at acceptance together with the application documents and Local Authorities’ comments on the Applicant’s consultation. We have also published a Frequently Asked Questions document regarding Pre-application consultation and this can be viewed on our website here: attachment 2


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