Lake Lothing Third Crossing

The list below includes a record of advice we have provided for this project. For a list of all advice issued by the Planning Inspectorate, including non-project related advice, please go to the Register of advice page.

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, including the name of the person who requested the advice, and to make this publicly available.

Preview
Enquiry received via email
response has attachments
I must say that my client [Associated British Ports] finds it disappointing that despite what we continue to believe are a number of fundamental defects in the pre-application process as prescribed by the Act, the Secretary of State has still decided to validate the application submitted by Suffolk County Council in relation to the Port of Lowestoft Third Crossing scheme. In the context of your consideration of the application, it would be extremely helpful if you could let me know whether, apart from advice offered by PINS which I appreciate you are required to publish on the web-page, there has been any contact - by way of written correspondence/email, telephone discussion or meetings between PINS and the applicants, their agents or solicitors since 25 July, the date of my original letter to you.

I should explain that my client's outstanding concerns are twofold. They derive first from its belief that the applicants have failed to comply with the required pre-application process, and second, in so doing, that failure has now severely prejudiced my client. You should be aware, incidentally, that according to the applicants' Lake Lothing Third Crossing Community Newsletter, the Council proudly note that the application submission runs to –

"- 14 boxes of folders;
- Approx. 154kg in weight;
- Total of 448 Documents;
- Approx. 26,600 pages the length of 80 football pitches if put together".

We do not think that this weight of documentation is something that should be welcomed and suspect that many interested parties and individuals who wish to participate in the examination process will share our concerns. On our initial review of the mass of application documents we have identified a worryingly large number of documents which we have never seen before and which will require careful consideration and assessment before we will be in a position to submit our relevant representations – if those representations are to be of any genuine value to the Examining Authority.

In this context, we should point out that our client's position has been further prejudiced and undermined by the fact that rather than recognise the clear logistical difficulties that will now face participants required to read and assess the 14 boxes of application folders that have been submitted in the middle of the August holiday season, the County Council have determined that the period for registration and submission of representations merits only a short extension beyond the minimum required, until 24 September.

We do find it difficult to understand how such a process can in any way be seen to be equitable. I would certainly be grateful if you would ensure that our client's concerns are placed before the Examining Authority as appropriate and in the meantime, I would welcome your response to the question raised above as soon as may be practicable.
Since 25 July 2018 we have had no contact with Suffolk County Council (SCC) in respect of any of the issues raised by your client.

Following publication of SCC’s s56 notice, the Registration form became available on the National Infrastructure Planning website today [17 August 2018]: [attachment 1]

The deadline for registration is 11.59pm on 24 September 2018, giving 38 days for parties to make a Relevant Representation.

Please note that an Examining Authority is yet to be appointed to examine this application.

17 August 2018
Clyde and Co LLP - anon.
Enquiry received via email
response has attachments
The enquirer attached correspondence from Suffolk County Council responding to requests for information by the enquirer's client, Associated British Ports. The enquirer stated that "should the current application be [accepted], our client will be significantly prejudiced in terms of timescale when required to submit its representations on the application to the Secretary of State."
The Inspectorate considered whether to accept the Lake Lothing Third Crossing application in accordance with the requirements of Section 55 of the Planning Act 2008 (PA2008): [attachment 1]. As ABP will be aware, under s56 of the PA2008 SCC is now required to provide notice of the accepted application, confirming the dates for the Relevant Representation period.

We encourage ABP and SCC to continue negotiations at the Pre-examination stage. In the first instance, ABP will be able to set out its technical concerns in a Relevant Representation at the appropriate time.

10 August 2018
Clyde and Co LLP - anon.
Enquiry received via email
response has attachments
See attached letter.
The Inspectorate will consider whether to accept the Lake Lothing Third Crossing application in accordance with the requirements of Section 55 of the Planning Act 2008.

We note you have made the Applicant aware of your concerns in the past, you may wish to make them aware of this correspondence if you have not done so already.

Furthermore, if you have not done so already, you can send the comments relating to the Applicant’s Pre-application consultation to the relevant local authority. Relevant local authorities have been invited to make a representation to the Inspectorate about the adequacy of the Applicant’s Pre-application consultation. Your client’s local authority will be able to consider your comments in preparing its ‘Adequacy of Consultation Representation’ (AoCR). Note that the deadline for receipt by the Inspectorate of any AoCRs is 27 July 2018. Amongst other things, the Inspectorate must have regard to all AoCRs received from a relevant local authority in taking its decision about whether to accept an application for examination.

Note that applicants are required to demonstrate in their applications for development consent how they have carried out their Pre-application consultation duties in accordance with the provisions of the Planning Act 2008. Negotiations between applicants and persons with an interest in affected lands are expected to progress after consultation has elapsed and in the course of the examination of applications. If this application is accepted for examination, you will be able to make representations to an appointed Examining Authority at the appropriate time. See our Advice Note 8 series for further information, here: [attachment 1]

25 July 2018
Clyde and Co LLP - anon.
Enquiry received via email
response has attachments
The enquirer wrote to the Planning Inspectorate urging the Secretary of State to refuse to accept the application on the grounds of inadequate Pre-application consultation.
The Planning Inspectorate will consider whether to accept the Lake Lothing Third Crossing application in accordance with the requirements of Section 55 of the Planning Act 2008.

If you have not done so already, you can send the comments relating to the Applicant’s Pre-application consultation to your client’s local authority. Relevant local authorities have been invited to make a representation to the Inspectorate about the adequacy of the Applicant’s Pre-application consultation. Your client’s local authority will be able to consider your comments in preparing its ‘Adequacy of Consultation Representation’ (AoCR). Note that the deadline for receipt by the Inspectorate of any AoCRs is 27 July 2018. Amongst other things, the Inspectorate must have regard to all AoCRs received from a relevant local authority in taking its decision about whether to accept an application for examination.

Note that applicants are required to demonstrate in their applications for development consent how they have carried out their Pre-application consultation duties in accordance with the provisions of the Planning Act 2008. Negotiations between applicants and persons with an interest in affected lands are expected to progress after consultation has elapsed and in the course of the examination of applications. If this application is accepted for examination, you will be able to make representations to an appointed Examining Authority at the appropriate time. See our Advice Note 8 series for further information, here: [attachment 1]

24 July 2018
Birketts LLP - anon.
Enquiry received via email
response has attachments
The enquirer copied a letter, addressed to representatives of Suffolk County Council, to the Planning Inspectorate. The letter set out the enquirer's client's objection to the Proposed Development.
The Inspectorate will consider whether to accept the Lake Lothing Third Crossing application in accordance with the requirements of Section 55 of the Planning Act 2008.

If you have not done so already, you can send the comments relating to the Applicant’s Pre-application consultation to your client’s local authority. Relevant local authorities have been invited to make a representation to the Inspectorate about the adequacy of the Applicant’s Pre-application consultation. Your client’s local authority will be able to consider your comments in preparing its ‘Adequacy of Consultation Representation’ (AoCR). Note that the deadline for receipt by the Inspectorate of any AoCRs is 27 July 2018. Amongst other things, the Inspectorate must have regard to all AoCRs received from a relevant local authority in taking its decision about whether to accept an application for examination.

Note that applicants are required to demonstrate in their applications for development consent how they have carried out their Pre-application consultation duties in accordance with the provisions of the Planning Act 2008. Negotiations between applicants and persons with an interest in affected lands are expected to progress after consultation has elapsed and in the course of the examination of applications. If this application is accepted for examination, you will be able to make representations to an appointed Examining Authority at the appropriate time. See our Advice Note 8 series for further information, here: [attachment 1]

24 July 2018
Howes Percival LLP - anon.
Enquiry received via phone
response has attachments
Draft document review teleconference
Please see attached meeting note and the draft application documents feedback summary

10 January 2018
Suffolk County Council - anon.
Enquiry received via meeting
response has attachments
Planning Inspectorate project update and draft document feedback meeting with Suffolk County Council
See attached meeting note and draft docs review

07 December 2017
Suffolk County Council - anon.
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see the attached meeting note

24 July 2017
anon.