In the context of the submissions of Highways England, multiple individual IPs and Wiltshire and the TRF, we are concerned with the section 51 advice letter does not address the submissions previously made that the changes proposed by Wiltshire and the TRF need to be accompanied by an assessment of their impact to matters such as heritage and equalities, to enable them to be considered fully by all parties – the changes are more than just a consideration of the changes to the drafting of the DCO. This is something that the Examining Authority is well placed to ask for, whether through a Procedural Decision under rule 8(3) to vary the timetable to provide for it; through rule 17 by asking for more information from Wiltshire Council in the form of such assessments, or through section 89 of the Planning Act 2008 which gives the Examining Authority wide discretion to make such procedural decisions as the Examining Authority thinks appropriate. Indeed, if felt appropriate, section 89 would also allow the Examining Authority to make a procedural decision which determines that no additional submissions are required on the point as that would still be a decision about how the Examination is carried out, in light of the submissions that have been made by various parties. As such, and in light of the proposed scope of the proposed hearing on 22 August, we would repeat our request for the ExA to make a procedural decision in some form, of how it considers that it will deal with this issue in the rest of the Examination. In respect of consultation, whilst we note the section 51 advice, we also consider that a procedural decision is able to be made by the ExA in terms of requiring consultation to be undertaken by Interested Parties, pursuant to section 89. There is nothing in the ambit of that section which requires decisions to be directed only at Applicants. We would grateful for any clarity on why it is considered that such a decision is not able to be made? In conclusion therefore, we would be assisted if an indication could be given as to whether the Examining Authority will make any form of procedural decision in respect of what further submissions it expects to see from relevant parties on this AMES 11 and 12 issue.
See attached letter.

Highways England - anon.

Request for determination by the Examining Authority in respect of changes to the application proposed by Wiltshire Council.
See attached letter.

Wiltshire Council - anon.

See attached letter.
With the application being accepted for examination last Friday 16 November 2018, the next step in the process for Highways England to provide notice of, and to publicise, the Inspectorate’s decision. That notice will include the dates for the period within which anybody can register with the Inspectorate to become an Interested Party in the future Examination by making a Relevant Representation. The Relevant Representations period must last for a minimum of 30 days. More information is available in our ‘Advice Note 8.2: How to register to participate in an Examination’: [attachment 1]

The Examining Authority, once appointed, will read all Relevant Representations received and consider all relevant and important matters in establishing an Initial Assessment of Principal Issues that will frame the statutory six months Examination.

Amesbury Museum Heritage Trust - anon.

Cotswold District Council and Mendip District Council queried why their councils were being contacted with regards to the proposed A303 Stonehenge application.
For avoidance of doubt, the proposed A303 Stonehenge application by Highways England is to be considered under the Planning Act 2008 (PA2008) regime. Under that regime, your council has been identified as a neighbouring ‘A’ authority due to sharing a boundary with the host unitary council – Wiltshire Council. Your council is therefore a relevant local authority eligible to submit an Adequacy of Consultation Representation (AoCR) setting out whether your council feels the Applicant has met its duty to consult under sections 42, 47 and 48 of the PA2008.

For more information how relevant local authorities are identified (specifically Figure 4 on page 5) and their role in the process, please follow the link to view our Advice Note two - The role of local authorities in the development consent process:
[attachment 1]

Various enquiries - anon.

Project update Meeting.
Please see attached meeting note and separate document containing the Planning Inspectorate's comments on draft documents.

Highways England - anon.

Project update meeting.
Please see attached note.

Highways England - anon.

Post-consultation and project update meeting.
Please see attachment.

Highways England - anon.

Project update meeting note
Please see attached

Highways England - anon.

Further to our telephone call letting me know that members of the public cannot comment on the published “scoping report” for the A303 by Stonehenge WHS, would you be kind enough to let me know who the consultees are? I might be able to contact one of them to discuss further.

I’ve obviously not understood the report’s status or the opportunity it presents.
Thank you for your email. There is no statutory provision for us to issue the full list of consultation bodies at this point. However, the Scoping Opinion (when it is published on or before 30 November) will include in it, a list of all the EIA scoping consultation bodies.

The process of identifying EIA consultation bodies is set out in the Planning Inspectorate’s Advice note three: EIA consultation and notification and they include the relevant parish councils which have responsibility for the location where the proposals may or will be sited (ie parishes within which the application site boundary falls). I understand from your discussion with my colleague Rob that it is the parish councils which we consulted that you were particularly interested in, and these are as follows:

• Berwick St. James Parish Council
• Winterbourne Stoke Parish Council
• Shrewton Parish Council
• Amesbury Town Council
• Durrington Town Council
• Bulford Parish Council
• Steeple Langford Parish Council
• Woodford Parish Council
• Wilsford cum Lake Parish Meeting
• Cholderton Parish Meeting

We would encourage you, if possible, to engage with one of the parish councils and seek to convey your views as part of their response to the EIA scoping consultation if you wish to do so.

You should also note that there are statutory pre-application consultation requirements which the applicant must undertake in accordance with section 42 (Duty to consult) and section 47 (Duty to consult local community) of the Planning Act 2008 (as amended). There is further information on this process in the Planning Inspectorate’s Advice note eight series, including information as to how members of the public and other persons interested in the project can participate in the process. The statutory consultation process under the Planning Act is separate to the EIA scoping consultation process and is undertaken by the applicant themselves. I understand from Highways England’s own A303 Stonehenge project page that the statutory consultation process is planned to take place in “early 2018” and this is also referred to at section 4.4 of their Scoping Report which I understand you may have already seen. I would encourage you to speak to the applicant directly regarding the specific arrangements for their consultation process, and you will be able to participate in this process that the applicant is required to undertake (should you wish to do so). It is also worth noting that the applicant has a specific duty under s49 of the Planning Act 2008 (as amended) to have regard to relevant responses to their consultation in the preparation of their application.

Kate Freeman

In the course of conversation with friends I have discovered that parish council has been sent a letter from The Planning Inspectorate in respect of Highways England Development Consent for the A303 Stonehenge to Berwick Down.
I am aware that I am not a consultation body as such, but as the owner and farmer of land where the western portal and surface carriageway is being proposed I am surprised that I am not also included in these communications. I have a lifetime of knowledge of this landscape but as time progresses I am feeling increasingly marginalised with little opportunity to feed in this information until decisions have already been made. I would like to be able to add my experience into the development process so the resulting scheme will be harmonious to our environmental projects and farm business as well as benefit the whole of the World Heritage Site.
The applicant has requested a Scoping Opinion under Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). They have also formally notified the Secretary of State under Regulation 8(1)(b) of the same regulations that they are proposing to provide an Environmental Statement in respect of the development. The Planning Inspectorate administers the processes relating to requests for scoping opinions on behalf of the Secretary of State.

Under Regulation 10 of the EIA Regulations, the Planning Inspectorate (on behalf of the Secretary of State) must not adopt a scoping opinion until they have consulted the “consultation bodies”, which are defined as:

(a) a body prescribed under section 42(1)(a)(c) (duty to consult) [of the Planning Act 2008] and listed in column 1 of the table set out in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 where the circumstances set out in column 2 of that table are satisfied in respect of that body;

(b) each authority that is within section 43(e) (local authorities for purposes of section 42(1)(b)) [of the Planning Act 2008]; and

(c) if the land to which the application, or proposed application, relates or any part of that land is in Greater London, the Greater London Authority;

These “consultation bodies” includes local planning authorities, parish councils, statutory advisory bodies (such as Historic England, Natural England and the Environment Agency) and others. Further details on the process of defining the consultation bodies can be found in the Planning Inspectorate’s Advice note three: EIA consultation and notification.

By way of a response to your query, the regulations do not provide for any other persons outside of the defined “consultation bodies” being consulted as to the scope of the Environmental Statement, so you are correct in that you cannot be a consultation body as such under the EIA Regulations. It should also be noted that the requesting of a Scoping Opinion is not a mandatory requirement in the Nationally Significant Infrastructure Project process, but it is an option which applicants typically take.

However, there are statutory pre-application consultation requirements which the applicant must undertake in accordance with section 42 (Duty to consult) and section 47 (Duty to consult local community) of the Planning Act 2008 (as amended). There is further information on this process in the Planning Inspectorate’s Advice note eight series, including information as to how members of the public and other persons interested in the project can participate in the process. The statutory consultation process under the Planning Act is separate to the EIA scoping consultation process and is undertaken by the applicant themselves. I understand from Highways England’s own A303 Stonehenge project page that the statutory consultation process is planned to take place in “early 2018” and this is also referred to at section 4.4 of their Scoping Report which I understand you may have already seen. I would encourage you to speak to the applicant directly regarding the specific arrangements for their consultation process.

I understand your wish to participate in the EIA scoping process at this time, and to this end I would encourage you, if possible, to engage with your local parish council and seek to convey your views as part of their response to the EIA scoping consultation. You will also be able to participate in the separate statutory consultation process that the applicant is required to undertake as described above (should you wish to do so) and the applicant has a specific duty under s49 of the Planning Act 2008 (as amended) to have regard to relevant responses to their consultation in the preparation of their application.

The relevant pieces of legislation referred to in this email can be found on our website: [attachment 1]

Whilst we are not able to accommodate your request to be a consultation body for the purposes of the EIA Regulations, I trust the above is helpful.

Rachel Hosier

We spoke on the telephone this morning about the statutory consultation on Highways England’s scoping report on the A303 Stonehenge scheme. You advised me that only statutory consultees could be asked to comment on the report.

I am wondering if you are able to tell me, please, whether the National Trust is being consulted on the report and, if so, on what basis? I’d also be grateful if you should tell me whether all land owners whose land would be affected by the scheme are being consulted on the scoping report.
The applicant has requested a Scoping Opinion under Regulation 10 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). They have also formally notified the Secretary of State under Regulation 8(1)(b) of the same regulations that they are proposing to provide an Environmental Statement in respect of the development. The Planning Inspectorate administers the processes relating to requests for scoping opinions on behalf of the Secretary of State.

Under Regulation 10 of the EIA Regulations, the Planning Inspectorate (on behalf of the Secretary of State) must not adopt a scoping opinion until they have consulted the “consultation bodies”, which are defined as:

(a) a body prescribed under section 42(1)(a)(c) (duty to consult) and listed in column 1 of the table set out in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 where the circumstances set out in column 2 of that table are satisfied in respect of that body;

(b) each authority that is within section 43(e) (local authorities for purposes of section 42(1)(b)); and

(c) if the land to which the application, or proposed application, relates or any part of that land is in Greater London, the Greater London Authority;

The relevant pieces of legislation referred to here can be found on our website: [attachment 1]

As discussed on the phone yesterday the “consultation bodies” includes local planning authorities, parish councils, statutory advisory bodies (such as Historic England, Natural England and the Environment Agency) and others. Further details on the process of defining the consultation bodies can be found in the Planning Inspectorate’s Advice note three: EIA consultation and notification.

By way of a response to your query, the National Trust and land owners whose land would be affected by the scheme do not fall within the definition of “consultation bodies” for the purposes of the EIA Regulations. However, there are other statutory pre-application consultation duties which the applicant must undertake in accordance with section 42 (Duty to consult) and section 47 (Duty to consult local community) of the Planning Act 2008 (as amended). There is further information on this process in the Planning Inspectorate’s Advice note eight series. I understand from Highways England’s own A303 Stonehenge project page that the statutory consultation process is planned to take place in “early 2018” and this is also referred to at section 4.4 of their Scoping Report which I understand you have already seen.

Kate Fielden

Inception meeting for A303 Stonehenge – Amesbury to Berwick Down
Please see attached

Highways England - anon.