1. Section 51 advice
  2. Advice in detail

Advice to Carol Crossland

Back to list

Enquiry

From
Carol Crossland
Date advice given
1 November 2012
Enquiry type
Email

We have been asked by members of our community when East Bedlington Parish Council and our local County Councillors will be putting forward the concerns of the community to the Planning Inspectorate about the NSIP that is proposed in this parish.

We were told by the parish chairman at a meeting of the Community Liaison Group on 23 October 2012 that East Bedlington Parish Council (in which this NSIP would be located) was NOT a Statutory Consultee and had never been asked by the Planning Inspectorate for their opinion; also that they, the Parish Council, have registered as an interested party and that they would be making a balanced decision when required, if and when they were going to put forward to the Planning Inspectorate any concerns of the community.

I would like some advice from PINs, as county councillors and the parish council are telling us that they will be putting forward concerns to the Planning Inspectorate as and when they are asked to. Could the Planning Inspectorate please give me an indication when this will be as I am unable to find this out from the PINs timetable of hearings and meetings on the website, and the councillors themselves seem unsure about the timetable.

We are asking this as some members of our community don't feel competent or confident enough to stand up and make representations in a public setting for themselves, they are unsure of the process, they don't know how to do it and are not getting any assistance. This is why they would like their concerns to be put forward to the Planning Inspectorate by their elected representatives, but they are unclear as to when and where this meeting will be taking place.

This very small community feel that it is important that when PINs puts forward their recommendations to the Secretary of State, the community are secure in the knowledge that their concerns have been properly addressed.

Northumberland County Council Planning and Environment Committee have mentioned that a forum could be arranged for the local community to air their concerns so that these concerns will be put into the Planning Inspectorates process. Once again we are wondering how these views could possibly be incorporated into your process at this stage.

I am aware that the deadline for asking for an Open Floor Hearing has passed but would an open floor hearing be granted if a consultee or interested party requested one at this late stage.

Thank you for your time and I look forward to hearing from you.

Advice given

A response was given to Mrs Crossland via telephone where numerous points were discussed about the methods of involvement within the planning process for Nationally Significant Infrastructure Projects; mainly the status and statutory duties of a particular local authority, parish council and Interested Parties in respect of the proposal.

Mrs Crossland queried the status of East Bedlington Parish Council. The parish council was identified as a 'statutory party' and subsequently invited to the Preliminary Meeting via a letter sent on 5 July 2012 (please see link): http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010016/2.%20Post-Submission/Procedural%20Decisions/120704%20_EN010016_Blyth_Rule%204%20and%206.pdf

As parish councils are not automatically registered as 'Interested Parties' for the life of an application, they, and other parties are prescribed as 'Statutory Parties' and are invited to the Preliminary Meeting only.

Following the Preliminary Meeting, Statutory Parties are invited to register as Interested Parties by contacting the Planning Inspectorate before, or on, the deadline set-out within the timetable sent following the Preliminary Meeting (please see link): http://infrastructure.planningportal.gov.uk/wp-content/ipc/uploads/projects/EN010016/2.%20Post-Submission/Procedural%20Decisions/120815_EN010016_%20Rule%208%20Letter_FINAL.doc.pdf

The Planning Inspectorate received such a request from East Bedlington Parish Council to register as an Interested Party on 1 October 2012. The request was accepted by the Examining Authority. Since this date, the Parish Council has been sent all procedural decisions issued by the Planning Inspectorate in respect of the aforementioned proposal as has the legal status of an Interested Party.

The examination timetable sets out all of the key dates Interested Parties must be aware of. It is for Interested Parties to refer to this document (and any subsequent amendments made to it) throughout the examination stage and to make a conscious effort to ensure that any evidence submitted is done so on or before the deadlines assigned to each particular item. The Planning Inspectorate will not invite the submission of evidence from Interested Parties on an individual basis.

Parish councils are not required to submit Local Impact Reports to the Planning Inspectorate. However, Northumberland County Council were invited to submit a Local Impact Report which has now been published and comments made upon it. Mrs Crossland was advised of the location of the examination timetable on The Planning Inspectorate's website and the key dates set-out within it for Northumberland County Council, the Parish Council and any other Interested Party to be aware of.

In addition to this, Mrs Crossland was notified of the approaching Open-Floor Hearings being held on 5 December 2012 and the protocol for attending and speaking at such an event.

If a decision is made by Northumberland County Council's Planning and Environment Committee to establish a community forum, then representations may be made on behalf of Northumberland County Council acting as the Interested Party. However, the council should ensure that representations made on behalf of the forum are clearly differentiated from the views of the local authority when acting in organisation capacity.