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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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
1) How is Manston Airport a Nationally Significant Infrastructure Project (NSIP)?
2) What is the process and how do I get involved?
3) Where can I find further information on the process?
Advice given
1) Whether or not the proposed Manston Airport is an NSIP depends upon whether it meets the definition contained in the Planning Act 2008. Airport development is capable of being an NSIP, depending upon its capacity and other factors, and the Applicant has told us that the scheme they propose will be an NSIP. Since no application has yet been made, we cannot say definitively whether or not this particular proposal is an NSIP.
2) The NSIP process, which is set out in the Planning Act 2008, is heavily front-loaded and requires that developers undertake statutory pre-application consultation with members of the public and others. Until an application is formally made to us, the project developer (RiverOak) is your first point of contact for any comments you have on the proposal.
The proposed Manston Airport is at the pre-application stage. Therefore, responding to the developer?s pre-application consultation is the best time to influence a project; whether you agree with it, disagree with it or believe it could be improved. It is strongly encouraged that you ensure that the developer is aware of your comments.
Should an application then be made to the Planning Inspectorate, the developer will be required to explain how it has taken account of the comments received during their consultation.
Should an application be submitted, the Planning Inspectorate on behalf of the Secretary of State has a 28 day period to decide whether or not to accept the application. If the application is accepted, one or more Inspectors will be appointed as an Examining Authority to conduct an examination, which cannot take more than 6 months, and report to the Secretary of State. It is the responsible Secretary of State (in this case, the Secretary of State for Transport) who will make a decision on the application.
If an examination is to take place, individuals will have the opportunity to participate in it; by first registering as Interested Parties. This will be explained via newspaper advertisements and other publicity at the time.
3) Further advice on the process can be found on the National Infrastructure Planning website: attachment 1
It is also recommended to read 'Advice Note eight series: How to get involved in the planning process' which can be accessed via the following link: attachment 2
