Richborough Connection Project

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
Project feedback meeting with National Grid
Please see attached meeting note

19 October 2017
National Grid
Enquiry received via post
response has attachments
Objection to National Grid's application and concern about the consultation process.
Currently the Planning Inspectorate is assessing National Grid?s application against the tests set out in Section 55 of the Planning Act 2008. We will determine, on behalf of the Secretary of State, whether the application can be accepted by 11 February 2016. At this stage we are not considering the planning merits of the proposals, only whether the legal tests for acceptance have been met.

You mention the consultation process, which is relevant to our present deliberations. If you have concerns that the consultation process did not meet the standard required then please share these with your local planning authority. We have invited all local planning authorities to provide representations on the adequacy of consultation to us by 29 January 2016.

If the application is accepted for examination, you will be welcome to make representations about the substantive points that you raise in your letter. The examination process is set out on our website, at:

[attachment 1]

Your letter will be retained on file and made available to the acceptance decision maker.

25 January 2016
Sir Roger Gale MP
Enquiry received via email
response has attachments
The LIR (Local Impact Report) deals with topics relevant to the impact of the proposed development on their area.

We are a neighbouring authority and this scheme is located well away from our geographical boundary and has no significant impacts on our area that need to be highlighted.

My understanding that this is not a statutory requirement for a neighbouring authority. If this is not correct and there are any implications for the council then please let me know.
A Local authority is under no obligation to submit a Local Impact Report (LIR) as part of the examination of any Nationally Significant Infrastructure Project (NSIP). It is for the local authority to decide whether or not to submit an LIR in consideration of the complexity and issues posed by the NSIP proposal. Section 60 of the Planning Act 2008 sets out the local authorities that the Secretary of State must give notice to, inviting them to submit a local impact report.

LIRs give details of the likely impact of the proposed development on any part of the authority?s area and their relative importance; and as such, LIRs differ from other representations a local authority is likely to make. I refer you to paragraphs 52 to 57 of the Department for Communities and Local Government?s (DCLG) statutory guidance on the examination of applications for development consent: [attachment 1] , specifically the following:


53. The report may differ from other representations made by the local authority,
as it is intended to allow local authorities to represent the broader views of
their community. Consequently, a local authority which has been invited to
submit such a report may decide to cover a broad range of local interests
and impacts, including economic and social ones. The impacts should be
presented in terms of their positive, neutral and negative effects.

54. The report is distinct from any representation a local authority may make on
the merits of an application or any subsequent approvals that should be
delegated to the local authority for determination (for example, on detailed
design).

Local authorities are strongly encouraged to produce LIRs as the Examining Authority and the Secretary of State must have specific regard to LIRs when making their recommendation and decision.

22 January 2016
Ashford Borough Council
Enquiry received via meeting
response has attachments
Meeting to update the Planning Inspectorate on the submission of the Richborough Connection project
Please see attached meeting note

16 December 2015
National Grid - anon.
Enquiry received via email
response has attachments
National Grid submitted their draft No Significant Effects Report for the Richborough connection project
Please see attached section 51 advice.

03 December 2015
Ken Guest
Enquiry received via meeting
response has attachments
Telecon between the Planning Inspectorate, Dover District Council, Kent County Council, Thanet District Council and Canterbury City Council and subsequent email to confirm the section 51 advice provided.
The following advice was provided:

The PA 2008 Process:
Here is a link to PINS Advice note 2 on the role of local authorities, on page 2 is a diagram which you may find helpful, listing the points at which local authorities are engaged in the process: [attachment 1] The note also summarises each of the representations to be submitted by the local authorities and the types of hearings to expect.

The examination is primarily a written process, therefore please ensure that all comments you wish to make are done so early, in written submissions and not withheld until the hearings. The hearings will then provide an opportunity for the ExA to ask any questions on your submissions.

The role of local authorities and delegations:
You may find the wording below (section 104(2)(b)) to be helpful, as well as section 12 and paragraph 3.2 of Advice Note 2. Paragraph 3.2 states: ?A local authority and the local community are consultees in their own right. Whilst local authorities should have regard to what the community is saying, it is not intended that they necessarily adopt all of those views put to them. In this context, local authorities in particular must conduct themselves in line with the National Policy Statements and the relevant guidance?.

PA 2008 decision making:
As discussed, Local Impact Reports have a unique status in the process, as they are documents which the Examining authority and the Secretary of State must have regard to. Section 104 of the PA 2008 states that:

104 Decisions in cases where national policy statement has effect
(1) This section applies in relation to an application for an order granting development consent if a national policy statement has effect in relation to development of the description to which the application relates .
(2) In deciding the application the Secretary of State must have regard to?
(a) any national policy statement which has effect in relation to development of the description to which the application relates (a ?relevant national policy statement?),
(aa) the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009,
(b) any local impact report (within the meaning given by section 60(3) ) submitted to the Secretary of State before the deadline specified in a notice under section 60(2),
(c) any matters prescribed in relation to development of the description to which the application relates, and
(d) any other matters which the Secretary of State thinks are both important and relevant to the Secretary of State's decision.
(3) The Secretary of State must decide the application in accordance with any relevant national policy statement, except to the extent that one or more of subsections (4) to (8) applies.

I thought it would also be helpful to provide a link to 2 National Policy Statements:
EN-1: [attachment 2]
EN-5: [attachment 3]

Local Impact Reports (LIR):
Within LIRs, local authorities detail the likely impacts of the proposal on the area. The impacts should be explained, for example as positive, neutral or negative, with reasons for this decision. However LIRs are not expected to include a concluding position on the scheme as a whole within this document. The Local Authority?s view as to whether or not a proposal should be granted development consent can be included in the separate ?written representation?.

Here is a link to an extract from a Hinkley Point C Connection project LIR from the joint authorities: [attachment 4]
This example splits the issues into ?project wide? and ?local issues?, this can be a helpful approach where the impacts differ across the authority areas.
A further heading was also used to explain the impact when considering the proposed mitigation.

Written representations:
Page 14 of Advice Note 2.

Page 18 and 19 of DCLG Guidance for the examination of applications for development consent: [attachment 5]

Statement of Common Ground:
As discussed, it is also helpful if the statement includes issues on which you have not reached agreement.

If, prior to submission of the SOCG when it is still in draft form, you feel you are unable to come to a decision on whether or not an issue is agreed, you may wish to keep such issues included in the draft SOCG as ?undecided? or ?awaiting further information?; with the intention to confirm the issue as agreed or not within the SOCG which is submitted to the examination, once you have had the opportunity to review the application.

Hearings:
There are 3 types of hearing in this process:
- Compulsory Acquisition hearing ? must be held if requested by an affected person
- Open floor hearing - must be held if requested by an interested party
- Issue specific hearing ? the topics of which are determined by the ExA, for example on the draft DCO, landscape and visual impacts etc.

Page 14 and 15 of Advice Note 2 explains these hearings in greater detail.

Changes to a scheme following submission:
Following submission, a proposal cannot be changed to such an extent that it would constitute different project, this would require a new application. However there are instances where certain changes can be proposed and accepted into the examination, please refer to Advice Note 16: [attachment 6].

Providing comments at this point in the pre-application stage:
If you are in receipt of new information from National Grid at this stage and you wish to make a comment, you would be advised to initially check with National Grid that this is the latest and most up to date information, and inform them that you wish to make pre-application comments.

There is no cut of point during pre-application at which an interested party should stop making comments on an application to an applicant, however it should be noted that at late stages, the opportunities to make changes to the scheme may be limited. However, making applicants aware of potential issues should be encouraged and all parties should continue negotiations after statutory consultation.

19 November 2015
Local Authorities
Enquiry received via meeting
response has attachments
Telecon between National Grid and the Planning Inspectorate to discuss the proposed Richborough Connection Project
Please see the meeting note below

09 November 2015
National Grid
Enquiry received via meeting
response has attachments
Telecon to discuss the Planning Inspectorate?s s51 advice on the draft documents.
Please see meeting note below.

05 October 2015
National Grid
Enquiry received via post
response has attachments
National Grid submitted draft application documents to the Planning Inspectorate for comment.
The Planning Inspectorate gave s.51 advice on 1st October 2015, please see letter below.

01 October 2015
National Grid
Enquiry received via meeting
response has attachments
Project update meeting and introduction to draft documents
Meeting with National Grid on 27th August 2015, please see the meeting note attached

27 August 2015
National Grid
Enquiry received via meeting
response has attachments
Presentation provided to National Grid, Thanet District Council, Kent County Council, Canterbury City Council and Dover District Council at Discovery Park, Sandwich regarding the PA 2008 and the Richborough Connection Project.
Please see presentation file attached.

24 June 2015
National Grid, Local Authorities
Enquiry received via meeting
response has attachments
Telecon between the Planning Inspectorate and Local Authorities regarding the Richborough Connection Project.
Please see meeting note attached.

27 May 2015
Dover, Canterbury and Thanet Local Authorities
Enquiry received via meeting
response has attachments
A third meeting was held at the Planning Inspectorate's offices in Bristol for the developer, National Grid, to update the Planning Inspectorate on the proposal and discuss pre-application matters with respect to the TEN-E Regulation in particular.

A note of this meeting is attached.
A third meeting was held at the Planning Inspectorate's offices in Bristol for the developer, National Grid, to update the Planning Inspectorate on the proposal and discuss pre-application matters with respect to the TEN-E Regulation in particular.

A note of this meeting is attached.

28 April 2015
National Grid - Emer McDonnell
Enquiry received via meeting
response has attachments
A second meeting was held at the Planning Inspectorate's offices in Bristol for the developer, National Grid, to introduce their proposal and discuss pre-application matters with respect to the TEN-E Regulation in particular.

A note of this meeting is attached.
A second meeting was held at the Planning Inspectorate's offices in Bristol for the developer, National Grid, to introduce their proposal and discuss pre-application matters with respect to the TEN-E Regulation in particular.

A note of this meeting is attached.

21 August 2014
National Grid - National Grid Emer McDonnell
Enquiry received via meeting
response has attachments
A meeting was held at the Planning Inspectorate's offices in Bristol for the developer, National Grid, to introduce their proposal and discuss pre-application matters.

A note of this meeting, as well as a copy of National Grid's PowerPoint presentation, are attached.

29 May 2013
National Grid - Emer McDonnell