Wrexham Energy Centre

Enquiry received via email

Wrexham Energy Centre

15 August 2013
Stephen Whitby


Enquiry regarding the Planning Act 2008.

Advice given

With regards to the final paragraph on page 2 of the letter by Wrexham Power Limited, please note that this is purely the applicant?s interpretation of the Planning Act 2008. Moreover, it is for the applicant to determine how their pre-application consultation should be carried out in order to shape its proposal for a development consent order (DCO) before it is formally submitted to the Planning Inspectorate.
The pre-application stage is mainly driven by the applicant and there is no prescribed statutory period for carrying out such consultation. However we do advise applicants to use that time effectively and to start their consultation sufficiently early to allow consultees a real opportunity to influence the proposal.
DCLG Guidance on the on pre-application process (January 2013) states that the applicant should 'undertake initial consultation as soon as there are sufficient details to allow consultees to understand the nature of the project properly ' . Applicants are also advised to seek their own technical advice from consultees so their input can be of the greatest value if they are consulted when project proposals are fluid, followed up by confirmation of the approach as proposals become firmer.
DCLG Guidance also advises applicants to carry out more than one stage of the pre-application consultation, especially for large projects with long development periods. Many applicants carry out their consultation at the early stage where options are still being considered, that approach allows the proposal to develop and assists the applicant in establishing their preferred option on which to undertake further consultation. It is advisable for the applicants as well to carry out their final stage of consultation with persons who have an interest in the land once they have worked up their project proposal in sufficient detail to identify affected land interests.
Finally, it is for the applicant to determine how their application progresses during the time of the pre-application consultation. It is also for the applicant to seek its own legal advice to understand the Planning Act 2008 in order to meet its requirements