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Advice given between between 1 October 2009 and 14 April 2015 has been archived.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 Council's adequacy of consultation included commentary about the Applicant's duties under s49 of the Planning Act 2008.
Advice given
By means of clarification, the request sent by the Planning Inspectorate to local authorities sought responses in respect only of the applicant’s duties under sections 42, 47 and 48 of the Planning Act 2008 (PA2008). The PA2008 defines an adequacy of consultation representation as follows:
“adequacy of consultation representation” means a representation about whether the applicant complied, in relation to that proposed application, with the applicant’s duties under sections 42, 47 and 48.”
The test under s49 of the PA2008 is applied by the Planning Inspectorate during its consideration of the application for acceptance.
If the application is accepted to proceed to be examined by the Planning Inspectorate, the applicant will be required to serve notice to you in respect of that decision. The notice will include details about how and when interested parties will be able to make relevant representations about design detail and the merits of the scheme. I would advise for the Council to resubmit its comments in respect of the lead local flood authority, highways authority recommendations and public rights of way at this stage. In the meantime I would encourage the Council to contact the developer directly in order to share any concerns.
