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
