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Advice to Theberton and Eastbridge Parish Council

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Enquiry

From
Theberton and Eastbridge Parish Council
Date advice given
18 April 2018
Enquiry type
Email

Can you please clarify for me whether local Parish Councils directly affected or in Parishes adjacent to the proposed Sizewell C development are considered by PINS as statutory consultees?

In the Infrastructure Planning Regulations 2009 in Schedule there is a note to the table which states:

relevant”, in relation to a body, shall mean the body which has responsibility for the location where the proposals may or will be sited or has responsibility for an area which neighbours that location.

Also in the PINS document “Sizewell C proposed nuclear development scoping opinion” published in June 2014, PINS consulted the following organisations under the collective group:

The Relevant Parish Council(s) or Relevant Community Council

ORGANISATION Aldringham cum Thorpe Parish Council Benhall and Sternfield Parish Council Blaxhall Parish Council Blythburgh Parish Council Bramfield and Thorington Parish Council Campsea Ashe Parish Council Darsham Parish Council Dunwich Parish Meeting Easton Parish Council Farnham with Stratford St Andrew Parish Council Great Glemham Parish Council Hacheston Parish Council Kelsale cum Carlton Parish Council Knodishall Parish Council Leiston cum Sizewell Town Council Letheringham Parish Council Little Glemham Parish Council Marlesford Parish Council Middleton Parish Council Parham Parish Council Rendham Parish Council Saxmundham Town Council Snape Parish Council Sweffling Parish Council Theberton and Eastbridge Parish Council Westleton Parish Council Wickham Market Parish Council Yoxford Parish Council

During a meeting with and EDF representative yesterday with councillors present from Suffolk County Council and Suffolk Coastal District Council it was stated that the Parish Council is not a statutory consultee, although we have had a number of discussions and briefings by EDF and others over the past few years.

So please can you confirm whether the 2009 planning act list including Parish Councils, as shown above, is correct or if there has been some amendment to this legislation changing the status of affected Parish Councils either in general or for this particular NSIP.

Advice given

At the time of the scoping request the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 included neighbouring parishes within the relevance test for prescribed consultees with respect to the scoping for the Environmental Statement. However these Regulations have been amended (since April 2013) and now, in England the parish council is only deemed relevant for the purposes of scoping if the project or associated development is within their area.

In terms of statutory consultees, the relevant regulations are The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015. Relevant parish councils are those which have responsibility for the location of the proposed development. However even if the proposed development is not within your parish council you should have the opportunity to participate in any consultation. If the application is submitted to the Planning Inspectorate and accepted for Examination you will have an opportunity to register the parish council as an Interested Party which will give you the right to participate in the Examination.