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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 note [of the telecom between the Planning Inspectorate and the Applicant on 22 November 2017] suggests that the primary reason for the third consultation is to conform to the 2017 Environmental Regulations (implementing the latest EU Directive on the topic).
I note that this topic is recorded as having come up several times in the past few months but that RSP have been insistent that they need not comply with the new Regulations.
Perhaps they have now taken Counsel's advice.
Be that as it may, the present position feels like an abuse of process: how many bites at the cherry are these guys allowed? If they make a mess of this third consultation will they be able to undertake a fourth? A fifth? These things are divisive in the local community and waste a great deal of time and energy for all concerned.
Advice given
Please refer to the DCLG’s statutory guidance on the Pre-application process which, amongst other things, sets out the principles in respect of the Pre-application consultation duties placed on applicants (in particular pages 5 through 22): attachment 1
Practically, provided that the statutory procedures set out in the Planning Act 2008 are satisfied there is no limit placed on the number of statutory Pre-application exercises a particular applicant may choose to undertake.
