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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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

Manston Airport View all advice for this project

02 March 2017
Michael Child

Enquiry

Hi with reference to the Manston DCO pre application attachment 1 a draft consultation document has appeared on the Support Manston Airport website at attachment 1 I am uncertain whether this website is partly or wholly run and or financed by the applicant.
I can’t find this document the National Infrastructure Planning website or either of the applicant’s previous websites attachment 3 or attachment 4
It appears that the applicant has now changed from an American company RiverOak Investment
Corp., LLC One Atlantic Street, Suite 703 Stamford, CT 06901 U.S.A. to a UK company RiverOak Strategic Partners, 50 Broadway Westminster, London, United Kingdom, SW1H 0BL which doesn’t appear to have a website. Can you kindly confirm that this is correct.
I am assuming that as this draft consultation document has appeared in the public domain that this part of the process of determining the scope of the consultation and that eventually a formal consultation document will appear.
I am concerned that the scope of the proposed formal consultation is too narrow particularly with respect to the area within which residential and business addresses will be sent notification of the consultation by post.
I assumed that this type of notification would be sent to all those addresses under the low flying airport approach and takeoff flight path within the previously identified aircraft noise envelope.
Could you kindly clarify these issues and tell me how or if I can communicate input relating to the scope of the consultation based on having read the draft document.

Advice given

The first two links that you have provided are both associated with the Planning Inspectorate’s website. Notwithstanding this, the source(s) of funding for any lobby/ campaign group is not a matter about which the Planning Inspectorate can advise. In this respect, the Planning Inspectorate has access to the same information that is available to the public. If you seek details about the funding status of any lobby/ campaign group, I would advise you to contact the group directly.
The Planning Inspectorate is aware that the Applicant is in the process of consulting with relevant local authorities on the content of its Draft Statement of Community Consultation (dSoCC); as required by s47(2) of the Planning Act 2008 (PA2008). The Applicant is not obligated to share its dSoCC with any persons other than the local authorities identified under s43(1) of the PA2008. In the same respect the dSoCC is not a document that an Applicant is required to submit to the Planning Inspectorate for publication on our website.
In respect of the apparent change in the name of the Applicant, to date the Planning Inspectorate has not been notified of any such change.
Sections 47(5), (6) and (7) of the PA2008 explain the duties placed on an Applicant following its consultation on a dSoCC. To paraphrase, Applicants are required to have regard to any consultation responses received under s47(2) and must prepare a final Statement of Community Consultation (SoCC) for inspection/ publication in the prescribed manner. An Applicant’s statutory community consultation must be carried in accordance with the final SoCC.
Note that if/ when an application is submitted, the Planning Inspectorate, on behalf of the Secretary of State, has a statutory duty to invite comments from all s43 authorities about whether an Applicant has complied with its duties under ss42, 47 and 48 of the PA2008. The Planning Inspectorate must then have regard to any ‘Adequacy of Consultation Representations’ received in taking its decision about whether an application can be accepted for examination.
If you have concerns about the scope of the community consultation proposed by the Applicant in its dSoCC, I would advise for you to provide your comments to the local authority(ies) (copying in the Applicant). Note however that the consideration of any such commentary by a s43(1) local authority in forming a view about the content of a dSoCC would be at its own discretion.


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