Transport for London queried the process for issuing a second notice under s56 of the Planning Act 2008.
On the basis of the evidence shared by Transport for London (TfL) with the Planning Inspectorate, our opinion is that if TfL chose not to notify the new company under s56 before it provided certificates under ss58 and 59 of the Planning Act 2008 (PA2008), then an offence would be committed and the Planning Inspectorate would need to consider the appropriate action to be taken.

To avoid the risk of creating such an offence, TfL should serve s56 notice on the new company before any certificates are submitted to the Planning Inspectorate. The new s56 notice should provide a minimum period of 28 days within which the new company may make a relevant representation (RR) to the Planning Inspectorate. It should also make clear to the new company that the RR period as previously notified has closed, and that within the bespoke 28 day period any RR from the new company should be sent to the Silvertown Tunnel project mailbox at the Planning Inspectorate: [email protected]

Having served notice on the new company under s56, TfL could then, as soon as practicable if desired, provide s58 and s59 certificates to the Planning Inspectorate which would not contain a statement that TfL knew to be false or misleading, and had not been recklessly issued.

In respect of the implications of the above for the process, the Planning Inspectorate will be unable to publish the RRs received in the period publicised in the original s56 notice until such time as:

1. The new company makes a RR to the Planning Inspectorate in the manner described above; or
2. The 28 day (minimum) period provided to the new company expires and a RR has not been received from it.

However, neither eventuality will prevent the appointed Examining Authority (ExA) from issuing its invitation to the Preliminary Meeting under Rule 6 of the Infrastructure Planning (Examination Procedure) Rules 2010.

In summary, it is unlikely that the circumstances described above would delay the anticipated programme; at least in terms of the timing of the Preliminary Meeting and the structure of the draft Examination Timetable as it stands (subject to any representations received about it). What the circumstances do affect is the publication of the RRs and therefore the ability for TfL to begin preparing its responses to them within its desired timeframe.

Transport for London - anon.

Project update meeting
Project update meeting (please see attached)

Transport for London - Transport for London (TfL)

Logistics of submission

Transport for London

Project update meeting and Draft Documents Feedback for Silvertown Tunnel

Transport for London (TfL)

Pre-application project update meeting. Please see attached meeting note.

Transport for London

Notification under s46 of the Planning Act 2008 to the Planning Inspectorate of consultation to be undertaken under s42 including a copy of the s48 notice.
On receipt of your s46 notice including the s48 notice we note the statement in the latter that: ?Electronic or hard copies of the consultation documents can be ordered from TfL using the contact details set out at the end of this notice. TfL will provide copies of the consultation documents free of charge on reasonable request.?
We would note that, should someone request a copy of the consultation documents, and TfL consider the request to be unreasonable and impose a charge, then this may lead to a potential technical breach under Regulation 4(3)(g) of the Infrastructure Planning (Applications: Prescribed Forms and procedure) Regulations 2009. We do however note that it is not your intention to ever charge for copies of the consultation materials. In the unlikely event that someone did make an unreasonable request, TfL would supply a reasonable number of copies free of charge and therefore comply with the s48 notice. TfL will make this clear in the Consultation Report.

Transport for London (TfL) - Neil Chester

Project update meeting with Transport for London
Please see attached meeting note

Transport for London - Neil Chester

Meeting to discuss the Silvertown Tunnel project. Please see attached meeting note.

Transport for London