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Advice to Beds' Councils Planning Consort'

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Enquiry

From
Beds' Councils Planning Consort'
Date advice given
13 January 2011
Enquiry type
Email

Queries relating to the examination process and post decision enforcement.

Advice given

What guidance will the Panel be following in terms of Planning Policy Statements or Draft Policy statements and the relevance of regional plans to the examination?

The legislation requires that, in deciding the application, the Panel of Commissioners must have regard to (amongst other matters) any national policy statement and any other matters which the Panel thinks are both important and relevant to its decision. The Panel must therefore consider the importance and relevance of any policy or plan, including any Planning Policy Statement and regional plan, along with the weight to be given to a relevant draft national policy statement . An explanation of how relevant policies have been considered by the decision maker will be set out in the statement of reasons accompanying the decision made on the application. Should you have any comments on the relevance or importance of any particular policy or plan you may wish to include these in your written representations. These should be submitted to the Commission within the deadline set out in the examination timetable that will be published shortly after the Preliminary Meeting.

Why has a mass burn incinerator been permitted to enjoy the euphemism of an Energy from waste/Resource Recovery "facility"?

The description of the application proposal is determined by the applicant in submitting its application and it is not for the Commission to make changes to this description unless there is strong justification. The application documents clearly describe the full details of the proposed development and all relevant impacts will be carefully considered in the examination of the application.

What ongoing authority the IPC will have to enforce the planning restrictions and conditions?

The enforcement of any 'requirements' (otherwise know as conditions) attached to any grant of development consent would be the responsibility of the relevant Local Authority.