Advice to Mark Thomas
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- From
- Mark Thomas
- Date advice given
- 30 December 2010
- Enquiry type
Advice given in reponse to the applicant updating the IPC on the progress of the SoCC.
Advice given
When developing your SoCC further, you should ensure that you have had regard to the relevant guidance in IPC Guidance Note 1 Revision 1 on pre-application stages, specifically paragraph 29 in relation to providing reference to the positive benefits to the local community that would result from the development and the issues which could be considered negative elements of the proposal, to encourage public participation.
If you have not already done so, you may also wish to identify whether any other major consultation exercises are being undertaken in the area and aim to achieve a programme that minimises confusion and possible consultation fatigue (paragraph 31 of IPC Guidance Note 1 Revision 1).
Under the heading "Infrastructure Planning Commission (IPC) consenting process" in the SoCC you state that the consultation "report will be considered by the IPC as part of its consideration of our application". To clarify, the consultation report will be considered by the IPC both when deciding whether to accept the application and also when examining the application.
The key legislation and guidance for Applicants and Local Authorities on the preparation and content of SoCCs have been listed below with the appropriate links:
section 47 of the Planning Act 2008 (the Act) http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/ukpga_20080029_en.pdf
IPC Guidance Note 1 Revision 1 on pre-application stages, paragraph 12 onwards http://infrastructure.independent.gov.uk/wp-content/uploads/2010/04/IPC-pre-app-guidance-note-1.pdf
The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, Regulation 10 (a) and (b) http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/uksi_20092263_en.pdf
CLG Guidance on pre-application consultation. Please note that paragraph 92 of this Guidance refers applicants to Regulations 9 and 10 (of the EIA Regulations), however it should read as Regulation 10 and 11 of the EIA Regulations instead http://infrastructure.independent.gov.uk/wp-content/uploads/2009/08/guidancepreapplication.pdf
GLG Guidance for Local Authorities http://www.communities.gov.uk/documents/planningandbuilding/pdf/1521327.pdf
Please note that in accordance with section 55(4)(c) of the Act, when determining whether an application can be accepted, the Commission must consider the extent to which the applicant has had regard to any guidance issued under section 50. Therefore, if any guidance has not been followed, you may wish to justify this within your application, whilst also being aware of the statutory requirement to do this under section 55(3)(d) of the Act.
All advice the Commission provides at this stage does not prejudice or pre-judge the decision of the Commissioner regarding acceptance or non-acceptance of an application. We would strongly recommend that you always seek your own legal advice upon which you can rely.