A63 Castle Street Improvement-Hull

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 Update Meeting Note
Please see attached

11 September 2018
Highways England - anon.
Enquiry received via meeting
response has attachments
Please see attached
Please see attached

28 August 2018
Highways England - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached meeting notes

01 August 2018
Highways England - anon.
Enquiry received via phone
The Applicant provided a progress update

14 June 2018
Highways England - anon.
Enquiry received via meeting
response has attachments
Project update meeting
Please see attached meeting note

10 May 2018
Highways England
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see attached meeting note

01 November 2017
Highways England
Enquiry received via meeting
response has attachments
Project Update Meeting
Please see attached meeting note

15 February 2017
Highways England - James Holmes
Enquiry received via meeting
response has attachments
A63 Project Update Meeting
Please see attached meeting notes

07 September 2016
Highways England
Enquiry received via meeting
response has attachments
Meeting with promoter to provide feedback on draft documents.
Please see attached meeting note and letter regarding the A63 Castle Street Improvement, Hull.

14 May 2014
Highways Agency - Sarah Kearns
Enquiry received via meeting
response has attachments
Please see attached meeting note regarding the A63 castle Street Improvement, Hull.

21 October 2013
Highways Agency
Enquiry received via meeting
response has attachments
A meeting to discuss the local authority role in respect of the application for A63 Castle Street Improvement Scheme, Hull
Please see attached meeting note:

07 June 2013
Highways Agency
Enquiry received via email
response has attachments
A query was raised over the Preliminary Environmental Information and whether it was possible to use of the Scoping Report as the PEI.

Advice was sought as to whether The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013 are relevant to the A63 Castle Street Scheme.
Please see information below with regard to your query on Preliminary Environmental Information (PEI):
Legal definition and guidance on PEI

The EIA Regulations define PEI as "information referred to in Part 1 of Schedule 4", and as information which:

a) has been compiled by the applicant, and

b) is reasonably required to assess the environmental effects of the development (and of any associated development)"

(EIA Regulations, paragraph 2(1))

Your attention is drawn to the CLG document: "Planning Act 2008: Guidance on pre-application consultation (September 2009)" (CLG Guidance) which provides advice on the timing and legislative requirements for PEI.

PEI - s.42 and s.47 consultation

Consultation under s.47 of the Planning Act, which must be carried out in accordance with the proposals set out in the SoCC, should include consultation on the PEI in order for the local community to be consulted on this.

Although there is nothing laid down in the Planning Act or relevant Regulations that requires PEI to be provided at the s.42 consultation stage, given that the applicant will provide an ES with their application for EIA development, it would be sensible for them to consult with statutory consultees on PEI.

In preparing PEI, the applicant should apply best practice, giving consideration to the most appropriate form and detail of information based on the target audience, and in order to facilitate effective consultation to inform the EIA and the design of scheme.

The level of information provided as PEI may vary depending on the target audience. The CLG Guidance advises that 'the document should be written in clear, accessible, and non-technical language'. Consultation on PEI may be iterative and is likely to comprise information which is available and has been compiled by the developer at a given time in the design process. The level of detail that applicants provide in their PEI will therefore vary according to when they carry out their consultation. It should be noted that this information is expressly stated to be 'preliminary', albeit it should include the information referred to in Part 1 of Schedule 4 of the EIA Regulations. Hence, the PEI does not have to be a detailed document, although it could be for example if this consultation was carried out later during the pre-application stage, and the information was being provided to a relevant statutory consultee.

Use of the Scoping Report as a basis for PEI


In the email below you indicate that the Scoping Report submitted by the Applicant is likely to form the basis for the PEI. Bearing in mind the advice above regarding effective consultation, while there is no reason in principle why this would not be acceptable, the Applicant must judge the value of using the Scoping report (which has already been subject to consultation) for further consultation with the same consultees without the inclusion of any new information. The Applicant should consider whether taking forward PEI that is at a more advanced stage, and contains new information, may generate a more fruitful response to the consultation and provide a more effective consultation exercise.

It will be important to make clear to consultees that the information is 'preliminary'. It should be clearly stated that the information is a draft on which the applicant is actively seeking comments, and that opportunities remain for both the EIA and scheme design to take into consideration the comments received through consultation. It may be appropriate to identify where new surveys or other investigations are required to ensure that information is up to date.

In relation to your query regarding the changes to the Applications, Prescribed Forms and Procedures Regulations 2009 (APFP Regulations) which sets out the approach to identifying consultees, I can confirm that these Regulations are not applicable to the A63 Castle Street Scheme as a request for a Scoping Opinion under Regulation 8 of The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (as amended) was received before the 6 April 2013, the date in which the amendment to the APFP Regulations came into force. You are therefore required to apply the old regulations.

Details of the amendments to the APFP Regulations are set out in Part 3 of The Infrastructure Planning (Prescribed Consultees and Interested Parties etc.) (Amendment) Regulations 2013:

[attachment 1]

The transitional arrangements are set out in Part 7 of this legislation.

25 April 2013
Sarah Kearns
Enquiry received via meeting
response has attachments
Please see attached meeting note

11 March 2013
Jimmy Holmes - Highways Agency