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Advice to Leigh Redman

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Enquiry

From
Leigh Redman
Date advice given
27 November 2017
Enquiry type
Email

Hi thank you for the response, for clarity:-

The consultees to non material changes do not include interested or registered persons from the full formal process? Who are the required consultees? How do i register to receive or be made aware of any published item on the HPC inspectors page? Increasing the size of a building by some 50% to form one of the largest building on site and major changes to the sea wall are not seen as a material change?

Thank you for your time.

Advice given

Thank you for your email. I will attempt to answer your questions. The answers to questions 1 and 2 are found in regulation 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations (as amended).

http://www.legislation.gov.uk/uksi/2011/2055/contents/made

The copy on legislation.gov.uk does not include the amendments made in 2015:

https://www.legislation.gov.uk/uksi/2015/760/contents/made

  1. Parties who registered as interested parties are not automatically consulted on a proposed non-material change.

  2. The required consultees are each person for whose benefit the development consent order has effect; each person that was notified of the acceptance of the original application for a Development Consent Order by the applicant under S56 of the Planning Act 2008; and any other person who may be directly affected by the changes proposed in the application. This is subject to a provision that allows the Secretary of State to consent to a shorter list of consultees on a case-by-case basis. By way of an example, please see this letter here:

https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010001/EN010001-006521-1.BEIS%20Letter%20to%20EDF%20Energy.pdf

  1. There is no way to register to be informed directly every time a document is published on our website.

  2. This is a matter for the Secretary of State. The decision on the application will include a decision on whether or not the proposed change is material.

As I mentioned below, there is guidance on changes to development consent orders, which can be found here:

https://www.gov.uk/government/publications/changes-to-development-consent-orders