Triton Knoll Offshore Wind Farm
Request for advice on draft Section 48 Notice for Triton Knoll project.
Section 48 of the Planning Act 2008 ('the Act') requires applicants to publicise a proposed application at the pre-application stage. The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, Regulation 4, prescribes the manner in which an applicant must undertaken the publicity. As discussed, in order to comply with s48 of the Act, you must be satisfied that your notice includes the matters set out in Regulation 4(3) and that the notice is publicised in accordance with Regulation 4(2).
I also draw your attention to Regulation 11 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. This requires you to send a copy of your s48 notice to the consultation bodies and to any person notified to you in accordance with Regulation 9(1)(c) at the same time as publishing your notice under section 48(1).
IPC Guidance Note 1 (para 12) suggests that it would be helpful for consultees if the published deadlines for receipt of views on the application under s48 are as close as possible to deadlines given to consultees under s42. You advised that you intend to coordinate the deadlines for comments under section 48, 42 and 47 and this is considered good practice.