Is REH (the promoter) correct in stating that the exhibitions and consultation undertaken before the Planning Act 2008 was implemented will count as the 1st round of public consultations under the present planning rules?

Thank you for your email. For clarity and openness I have copied Mr Callister into this e-mail. The advice I provide below about IPC processes will also be placed on our website register of advice.
In answer to your question, applicants are able to use earlier work to inform the scheme put forward at the start of consultation but if they wish any earlier consultation to formally 'count' towards the full consultation necessary under the new planning regime, they would need to comply with the transitional arrangements set out in the Regulations attached.
Following discussion with REH (see attached meeting note) it has taken the view that it needs to carry out full consultation in line with the Planning Act 2008, rather than apply through the transitional arrangements.
As Mr Callister acknowledges, REH is required to consult relevant Local Authorities about how it proposes to consult people living in the vicinity, to publish how it will consult the local community, to carry out consultation in the way it proposes, and to demonstrate how it has taken account of all relevant comments received during consultation.
It should be noted that before deciding whether or not to accept an application that has been submitted to the IPC, we will (amongst other matters) consider the extent to which the applicant has undertaken effective consultation based on the relevant Regulations and published guidance, any views received from the relevant local authorities on the adequacy of consultation and the consultation report prepared by REH. Their consultation report should set out any relevant responses received, and how REH has carried out its consultation, and has taken account of any relevant responses received during consultation.
**Included the following attachments within e-mail, of which are available on our website:
The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
Meeting Notes from 26th March 2010 with REH. **