1. RSP have not followed the legislation laid down in the Planning Act 2008 and that because the document fails to identify the flight path and as a consequence which areas will be affected directly by in-coming and out going aircraft, it has attempted to mislead and avoid informing those residents that would have their lives seriously blighted and property drastically devalued. I am one of those residents and have received no information, other than by word of mouth.
2.The Consultation Overview Report relies on a 'desk study' which has restricted the impact of an airport and associated activities, primary to the site and does not seriously explore the impact of aircraft along any flight path including the land below and airspace. The report in my opinion is seriously flawed and as you can see I have requested additional information in relation to details within the report which do not seem to have been appropriately evidence based or referenced. In short, there is too much opinion and not enough fact.
As a result, I do not feel they have appropriately applied the Planning Act 2008 or the Land Compensation Act 1973 and would therefor request that the planning inspectorate takes a 'long hard look' at the RSP DCO application.
There is no mechanism through which the Planning Inspectorate can influence an Applicant’s consultation at the Pre-application stage of the Planning Act 2008 (PA2008) process.
To that end it is appropriate that you to have sent your comments to the Applicant and to the host local authorities. Local authorities have a special role in the PA2008 process, which I explain in the content of this advice.
The PA2008 places a number of duties on Applicants in respect of Pre-application consultation and all applications for development consent must be accompanied by a ‘Consultation Report’. The Consultation Report is prepared under section 37 of the PA2008 and must give details of:
a) what has been done in compliance with sections 42, 47 and 48 of the PA2008 in relation to an application;
b) any relevant responses; and
c) the account taken of any relevant responses.
In the Acceptance period (ie the 28 days following the formal submission of an application) the Planning Inspectorate will scrutinise all of the application documents, including the evidence provided in the Consultation Report, applying the statutory tests set out in s55 of the PA2008. By the end of the Acceptance period the Planning Inspectorate (on behalf of the Secretary of State) must decide, in accordance with the tests in s55 of the PA2008, whether or not an application is of a satisfactory standard to be examined.
In reaching the above decision, s55(4) makes explicit that the Planning Inspectorate must have regard to the Consultation Report and any Adequacy of Consultation Representations made by local authority consultees. Adequacy of Consultation Representations are defined by s55(5) of the PA2008 as representations about whether the applicant complied with its duties under sections 42, 47 and 48. They are requested from all relevant local authorities on receipt of an application for development consent.
To that end, in providing your comments to your local authority they may be considered in the Council’s preparation of its Adequacy of Consultation Representation; if an application is submitted to the Planning Inspectorate.
If an application is submitted to the Planning Inspectorate and subsequently found to be of a satisfactory standard, the merits of the Proposed Development will be tested by an appointed Examining Authority in accordance with s104 or s105 of the PA2008. Advice Note Eight, and link to which was provided previously, explains the Examination process and how to have your say.