M20 Junction 10A
A planning permission by AxA & DMI Properties had recently been refused and they were reviewing design options for their scheme. The site of this scheme is to the south of your proposal and your red line boundary had included an access point for this site. You were therefore reviewing your scheme and red line boundary to consider whether this access point was still needed or its precise location as part of your proposals.
Submission of a scoping request to PINS is entirely at the discretion of the applicant and therefore any amendments to the scheme from an original scoping would not require a further scoping request. You may wish to request a further scoping opinion from PINS if you think this would add value to your approach in assessing environmental impacts. It is accepted that schemes evolve and that red line boundaries etc may change after a scoping opinion has been issued.
It was noted that as part of the issued Scoping Opinion, there would a list of bodies that PINS has consulted as part of the statutory requirement to consult with specified statutory consultees ? its is called the ?Reg 9 List? following Regulation 9 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. This is a different Regulation to s42 Planning Act 2008 and Schedule 1 of The Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009.
You noted that your statutory consultation was not scheduled until July/August 2015 and so any amendment of the red line boundary could be reflected in the proposal before the statutory consultation was undertaken.
In light of the change to the scheme, there was a discussion about what options and mechanisms there might be for securing the eventual access to the site, presuming that a subsequent planning application was submitted, these included:
? Amend your scheme in light of the up-dated planning application.
? Consult on, assess and submit your scheme with alternatives (i.e. without the access or with 1 or 2 potential access points).
? Request a post-submission change to the scheme once there is more certainty about the planning application, the risk will relate to whether the ExA determine if this would amount to a different scheme.
? Seek a post-decision material/non-material change to the scheme.
? Progressing the NSIP with no access and a planning application with proposed access to a currently unbuilt highway would potentially result in abortive works.