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 meeting
response has attachments
Note of feedback meeting held between the Planning Inspectorate and Highways England.
See attachment.

08 December 2016
Highways England - anon.
Enquiry received via email
response has attachments
Correspondence received after elapse of 6 month examination period.
See attached.

21 March 2016
Craig Broadfoot for Thames Water
Enquiry received via post
response has attachments
Correspondence received after elapse of 6 month examination period.
See attached.

19 March 2016
Mark Prisk MP
Enquiry received via post
response has attachments
Mr Harris wrote to reiterate concern in respect of the proposed scheme, and to query why The Myrke had not been included as part of the itinerary for a second site inspection held in the company of interested parties.
See attached letter.

22 February 2016
J A Harris
Enquiry received via email
response has attachments
Mr Kinane wrote to the Planning Inspectorate reiterating concerns in respect of the impact of the scheme on his property, and expressing dissatisfaction with a decision made by the Examining Authority at the issue specific hearing held on 18 Novmeber 2015 in respect of how that hearing should be conducted.
See attached response from Dr Pauleen Lane - Group Manager, National Infrastructure.

23 December 2015
Blue Kinane
Enquiry received via email
Could you please elaborate a little on the format of the meetings on the 16,17 and 18 November as I am unfamiliar with the revised Inquiry process for major infrastructure. I assume that any oral submissions will be time limited? Will they be subject to questioning and response by H England or just to questions of clarification by the Inspector? I also assume that H England will be asked formally to respond to all written submissions currently on the website. Is this the case and if so by what date?
Open Floor Hearings (OFH) generally have no specific agenda and allow Interested Parties to speak for a limited time regarding topics and issues based on previous written submissions. As the examination is inquisitorial, as opposed to adversarial, the Examining Authority (ExA) will only ask further questions if it believes this is necessary for clarification on a particular subject matter.

Issue Specific Hearings (ISH) are structured by an agenda, issued by the ExA, with the main parties seated in a horse shoe configuration and the audience seated behind. Roaving microphones will be provided for any audience members that wish to speak. Written summaries of oral representations given at any of the hearings held on 16, 17 and 18 November 2015 can be submitted for Deadline IV - 26 November 2015.

Any party may comment on Deadline II's written submissions for Deadline III - 5 November 2015.

29 October 2015
Dave Green
Enquiry received via phone
response has attachments
Section 51 advice issued to London Borough of Hounslow regarding their Local Impact Report submitted for deadline II - 8 October 2015.
It has come to the Inspectorate?s attention that the Local Impact Report (LIR) submitted for Deadline II - 8 October 2015 was missing correspondence from Friends of the Earth that should've been submitted alongside it.

I requested for the missing correspondece to be provided in order for an updated version of LIR to replace the previous version which ommitted the correspondence.

On receipt, the updated version of London Borough of Hounslow's LIR will be published to our website, making clear that it supersedes the version originally submitted for Deadline II.

For the avoidance of doubt, the missing correspondence has now been receieved and has been appended to the LIR, available on our website here: [attachment 1]

20 October 2015
London Borough of Hounslow - Matthew Rees
Enquiry received via email
response has attachments
As Buckinghamshire County Council have requested to speak at the open floor hearing in November, I was wondering if you could give an indication of the date(s)? I note that the examination timetable says that it will be take place in the week commencing 16 November, but I wanted to check to see whether you had a more specific date now that you know you will be holding an open floor hearing.

I have an additional query regarding the Statement of Common Ground. We are currently waiting to receive our final draft from HE so we can have it signed off by our Cabinet Member for Transportation. Can you confirm whether BCC should be sending the final version to the Examining Authority or whether Highways England should?
Firstly, the Planning Inspectorate is required to give no less than 21 days? notice to all interested parties of any hearing before they are held. Therefore, we will issue a procedural decision formally notifying you of the date, time and location of the hearings scheduled for the week commencing 16 November 2015 once the arrangements have been finalised. You will see on the Examination timetable
([attachment 1]) that a date of no later than 26 October 2015 have been set for this notification.

Statements of Common Ground (SoCGs) should be submitted by the applicant to the specified deadline in the Examination timetable ([attachment 1]). Where it has not been possible for relevant parties to reach agreement about the content of a particular SoCG, this should be made explicit in the document itself; inevitably informing the areas of outstanding disagreement. As stated in Annex E to the Rule 8 letter, where local authorities are involved the ExA has agreed to accept draft or ?officer level? SoCGs to the deadline of 8 October. However it would be expected for those SoCGs to be finalised as soon as practicable in the following days/weeks.

07 October 2015
Buckinghamshire County Council - Sally Sharp
Enquiry received via post
response has attachments
Mr Massingham sent a letter requesting for all definitive maps of England and Wales to be made available on the Planning Inspectorate's website.
See attached letter.

01 October 2015
Anthony Massingham
Enquiry received via email
I enclose a document with objections to any disturbance that may occur during the proposed Lake End Road bridge works and M4 widening. I have also sent a copy of the document in the post, together with a plan of the area, which for some reason I am unable to scan.

The information we have received so far is not concrete and as there has been no official communication in this regard, we, as a group, wish to voice our objections should there be any work near our respective houses.

I would also like to ask that several members of our group would like to attend the accompanied site inspection between 10 and 12 November 2015. I am sorry that I don?t have a definite number, but it will be at least four people.
I note that you have formed a group as a mechanism to make representations to the examination. This reflects the appeal made by the Examining Authority at the Preliminary Meeting and will assist Mrs Burden greatly in her consideration of the evidence.

However, it is important for me to establish at this stage the status of the group. As you will hopefully understand, only representations made by interested parties will automatically be read by the Examining Authority. I would therefore recommend that you elect a lead member of your group, and request for you to provide me with that member?s interested party reference number (provided in the Inspectorate?s most recent correspondences dated 7 August 2015 and 11 September 2015).

On receipt of this reference, I will be able to process your submission as a written representation made to Deadline II in the examination timetable.

As regards your request for members of the group to attend the accompanied site inspection, I would refer you to related content in Annex E to the Inspectorate?s letter of 7 August 2015. For your convenience, I repeat that content here:

?Accompanied site inspection

The draft timetable allocates three days on which I propose to carry out visits to the route of the application proposal and the surrounding area accompanied by interested parties. The interested parties attending the site inspection will include representatives of the applicant and of the relevant local authorities, together with other interested parties (or their representatives). It will be necessary to limit the numbers of persons who accompany me along the route of the scheme for logistical and safety reasons, but it should be possible for arrangements to be made for interested parties (or their representatives) to join the inspection at specified locations within the itinerary. [bold added]

The applicant is requested to prepare a preliminary itinerary for the site inspections which includes the locations at which the most significant effects of the proposed scheme would occur; to be tabled at the Preliminary Meeting. The itinerary should include those locations where the most significant impacts in terms of changes in noise and vibration, air quality, visual intrusion, water quality, traffic and land-take would fall on the six groups of receptors identified in Chapter 16 of the ES.

There will then be an opportunity for all interested parties, including the relevant local authorities and other statutory consultees, to consider the draft itinerary and put forward their suggestions as to any other locations which should be included in the site inspection.?

In light of this, can you please respond to confirm that the group would be happy for the site inspection to meet the group in the vicinity of the Lake End Road bridge on a given day at an approximated time? I will then forward this request to the Examining Authority for consideration ahead of the final itinerary being published on 26 October 2015.

01 October 2015
Patricia Springbett
Enquiry received via email
response has attachments
A local resident; Mr Nielsen, has advised that the DCO application drawings are not available to view at Uxbridge Library as advertised in your Rule 8 and other letters. Mr Nielsen visited the library yesterday and was told the information/display had been removed and it was not known where the documents were stored.

This raises concerns about whether adequate information is available for local residents to assess this application submission.

Please can you investigate why the material is not available to view at the Library as you have advertised.
The Planning Inspectorate is required to set up deposit locations in close vicinity of the application site for members of the public to view the documents related to the examination. For the M4 Junctions 3 to 12 Smart Motorway examination, five deposit locations have been set up along the route of the scheme. Details of these locations are set out at Annex A of the Examining Authority?s Rule 8 letter ([attachment 1]. Post-Submission/Procedural Decisions/Rule 8 letter.pdf) dated 11 September 2015. Access to the application and examination documentation is provided electronically through pre-arranged free access to the Planning Inspectorate?s website.

Regarding the withdrawal of hard copies of the application from Uxbridge Library, the applicant had previously used this library as a deposit location. It was however stated in Highways England?s s56 notice (notifying persons of accepted application) that the hard copy documents would only be available until 10 July 2015. They have since been removed.

If Mr Nielsen wishes to view a hard copy of the application he should contact the applicant directly. I have already provided him with contact details for Highways England.

23 September 2015
London Borough of Hillingdon - Mandip Malhotra
Enquiry received via email
response has attachments
We need to register an interest in the above project as it very seriously threatens the running of our Children?s Centre.
The M4 Junctions 3 to 12 Smart Motorway application progressed into the examination period on 3 September 2015. A registration period, for members of the public to register to become ?interested parties? (IPs) for the purposes of the examination, was held prior to this during ?pre-examination?. This period was open from 29 May to 3 July 2015 and was advertised by both the applicant - Highways England (formally Highways Agency) - and the Planning Inspectorate on the M4 Junctions 3 to 12 project page ([attachment 1] East/M4-Junctions-3-to-12-Smart-Motorway/). Unfortunately, if you did not register to become an IP at this time there isn?t scope to register retrospectively.

However, as the examination is largely a written process, you may wish to submit in writing why you feel the proposed application will affect the running of the Children?s centre. The Examining Authority (ExA) can use its discretion to accept representations as part of its examination from non-IPs as ?additional submissions? as long as they are received before the close of examination. Please note that there is no guarantee that submissions from non-IPs will be accepted.

I recommend regularly checking the M4 project page (above), especially the examination timetable, for updates during the examination. Please note that all hearings are open for the public to attend however it?s discretionary as to whether non-IPs can speak; it would be helpful if you notified us in advance if you wish to attend any hearings in order for them to be appropriately resourced. You may also find the following advice note helpful: Advice note 8.5: Participating in the examination ([attachment 2].

22 September 2015
Carl Nielsen
Enquiry received via post
response has attachments
Mr Massingham sent several further correspondences relating to both the merits of the application and procedural matters. Amongst a number of other issues raised in Mr Massingham's letters, the opinion was expressed that the Examining Authority should be assisted by an expert assessor in relaton to noise impacts.
See attached letter.

22 September 2015
Anthony Massingham
Enquiry received via email
response has attachments
Request to schedule and speak at an Open Floor Hearing receieved from an non-interested party.
Unfortunately only ?Interested Parties? (IPs), who have registered to participate in the examination, can formally request for an Open Floor Hearing (OFH) to be held and have the opportunity to give oral representations. The registration period to register to become an IP elapsed on 3 July 2015.

However, there is scope your representation (below) to be included in the examination. The Examining Authority (ExA) has discretion to accept submissions from non-IPs as ?additional submissions?. I will contact you soon to confirm whether the ExA wishes to accept your submission as an additional submission.

If an Open Floor hearing is scheduled, you are welcome to attend and if time permits, the ExA may ask if any non-IPs wish to give oral representations. I recommend regularly checking the project page on our website: [attachment 1] for notification of any hearings.

I also recommend viewing the following advice note: Advice note 8.5: Participating in the examination.

18 September 2015
Enrico Petrucco
Enquiry received via post
response has attachments
Mr Massingham sent several correspondences relating to both the merits of the application and procedural matters. Amongst a number of other issues raised in Mr Massingham's letters, the opinion was expressed that the application should be examined by a panel of Examining Inspectors.
See attached letter.

27 August 2015
Anthony Massingham
Enquiry received via email
response has attachments
Section 51 advice issued to the DLA Piper UK LLP regarding the Engineering Design Report (Hazard Log and Hazard Log Report)
It has come to the Inspectorate?s attention that the url provided at page 25 of Annex E to the Engineering Design Report (Hazard Log and Hazard Log Report) requires the reader to enter a username and password in order to access the associated documentation. For the avoidance of doubt, Annex E is available on our website, here: [attachment 1]

I write to request for DLA Piper to provide an updated version of Annex E which, at page 25, replaces the link ?http://www.hasupplychain.dft.gov.uk? with a link or links which make accessible the following documents:

? Guidance For Work Instructions 001-004 ? Appendices Project Safety Risk Management, IAN139/11; and
? Managed Motorway Hazard Log Process Document.

On receipt, the updated version of Annex E will be published to our website, making clear that it supersedes the annex submitted with the application.

DLA Piper are requested to provide the updated document to the Inspectorate as soon as possible, and in good advance of the Preliminary Meeting. DLA Piper is also requested to check the rest of the application documentation for any similar problems in respect of document accessibility, and to bring these to the Inspectorate?s attention as a matter of priority.

24 July 2015
DLA Piper UK LLP - Michael Fry
Enquiry received via email
Queries regarding the scope for late Relevant Representations and the formal appointment of the Examining Authority.
As the deadline for submitting relevant representations for the above project has now elapsed, any submissions received during the ?pre-examination? stage will need to be accepted as ?additional submissions? in order to be included in the examination of the application. The Examining Authority (ExA) can use it?s discretion to accept submissions during this stage only once it has been formally appointed. There is currently no scope to accept any submissions late as the ExA is yet to be appointed.

If you wish to submit a representation, the case team will hold it until the ExA has been appointed and contact you with regard to whether it has been accepted as an additional submission. As Network Rail have been identified as a statutory party, you will receive the ?rule 4 and 6? letter which will notify you of the appointed Examining Authority (ExA), invite you to attend the Preliminary Meeting and set out the ExA?s initial assessment of principle issues it wishes to examine. This procedural decision will be issued on or before 12 August 2015.

10 July 2015
Network Rail Infrastructure Ltd - Natalie Fernandes
Enquiry received via email
response has attachments
Following the acceptance of the DCO application, please can you advise what the next steps are.

I understand the council have the opportunity to submit a Local Impact Report, what are the time frames/deadlines for submission of this information?

Are there any further documents being released for Officers to review and comment on as part of the DCO?
The M4 Junctions 3 -12 Smart Motorway application is now at the ?pre-examination? stage of the process following its acceptance by the Planning Inspectorate (the Inspectorate) on 27 April 2015.

The applicant ? the Highways Agency (now Highways England) - is statutorily required to serve notice under s56 of Planning Act 2008 that the application has been accepted and will proceed to examination. This notice will also include information advising when and how parties can register to become an ?Interested Party? and participate in the examination. The applicant has not yet served this notice and there is no statutory timeframe within which it must do so. You may wish to contact them directly to enquire when the registration period is scheduled to open.

The next correspondence you will receive from the Inspectorate regarding this application will be your invitation to the preliminary meeting (PM). Amongst other important information, this correspondence will give notice of the appointment of the Examining Authority (ExA) and provide the ExA?s initial assessment of principle issues (IAPI). A draft of the examination timetable will also be provided, upon which you make representations at the PM. The aim of the PM is primarily to discuss how the application should be examined. There will be no scope to discuss the merits of the proposed development. Following the close of the PM the examination will begin and the ExA will, within a week or so, issue its letter setting out the finalised timetable for examination. The deadline for receipt of Local Impact Reports will be set out in this timetable and is usually within six weeks of the PM.

Although London Borough of Hillingdon has been identified as a host authority and therefore is a statutory consultee under s102(1)(c) of PA2008, we would still encourage the Council to make a ?relevant representation? in the advertised period. This representation should provide an outline of any issues that the Council may have regarding the scheme and will usefully inform the ExA?s production of its IAPI.

Please find attached Advice notes one and two for further information regarding the role of local authorities and the production of Local Impact Reports. The Inspectorate has also produced a short video which explains the role of local authorities in the process. It is available here:

[attachment 1];feature=player_embedded

11 May 2015
Mandip Malhotra
Enquiry received via email
response has attachments
Section 51 advice given following the decision to accept the application to proceed to examination on 27 April 2015.
Please see attachment.

27 April 2015
DLA Piper - Howard Bassford
Enquiry received via meeting
response has attachments
Project update and to discuss draft documents

25 February 2015
Highways Agency - Lynne Stinson
Enquiry received via email
To Whom it May Concern,

I am writing to you with a number of queries regarding the Highways Agency?s upcoming Smart Motorway proposal.

Could you please advise:

a) When Slough Borough Council will be formally statutorily consulted, and at what point Slough Borough Council will have the opportunity to submit comments to the Planning Inspectorate over the Highways Agency?s technical documents
b) Do Slough Borough Council need to send queries regarding the scheme to the Planning Inspectorate before the Highways Agency submit their application?

Any information that you are able to give would be appreciated.
Thank you for your email. I am not currently working on this case and unfortunately the Case Manager is on leave, but has been copied into this email. I am therefore able to provide general advice which may be able to assist you.

Applicants under the Planning Act 2008 are required to prepare a Statement of Community Consultation with the host local authorities, consultation is then to be carried out in line with this document. There is no set timescale for applicants to undertake this as the pre-application period is tailored for each application, however there is a statutory requirement upon applicants to consult host and neighbouring authorities prior to the submission of an application to the Planning Inspectorate.

Until an application has been accepted for examination, all comments on the application should be made to the applicant to enable them to address any concerns and make changes to the scheme if necessary.

I hope that this assists you in addressing your queries.

19 December 2014
Slough Borough Council - Charlotte Lee
Enquiry received via meeting
response has attachments
Please see attached meeting note

06 June 2014
Highways Agency - Lynne Stinson
Enquiry received via meeting
response has attachments
Please see attached meeting note

14 February 2014
Highways Agency - Lynne Stinson