1. Section 51 advice
  2. Advice in detail

Advice to William Hoodless

Back to list

Enquiry

From
William Hoodless
Date advice given
2 May 2014
Enquiry type
Email

Query during acceptance regarding access to documentation.

Advice given

We note the statements in your email that "This would allow our expert to critique it and hopefully result in a saving of valuable time during the Examination. Moreover, it could produce very helpful information that would obviate the need for the ExA to have its own independent advice on this important and highly technical issue".

We feel it would be helpful to provide some advice to you about the application process, and opportunities to make representations to the Planning Inspectorate about an application. This advice is provided under section 51 of the PA 2008, and as such will be published on our website.

As you are aware the Secretary of State?s decision as to whether or not to accept an application for examination is based on the tests set out in section 55 of the PA 2008 and is, in summary, a decision about whether the application documents are of a satisfactory standard to proceed to examination, and whether the applicant?s pre-application consultation has complied with the statutory procedure.

Issues related to the merits of the application can only be considered during the examination of an application. If an application is accepted for examination, the applicant is, amongst other things, required to publicise the acceptance for at least two consecutive weeks in a local newspaper. A period for the making of ?relevant representations? is also opened via the Planning Inspectorate?s website. If you are interested in the progress of this application, and it is accepted for examination, we would strongly encourage you to register to become an interested party in the examination by making a relevant representation during the advertised period, which must run for at least 28 days. Becoming an interested party will enable you to participate in the examination and submit written representations to the Examining Authority when appointed. It will also allow you to participate in hearings should they be held.

Public copy of the application documents

You also sent a further email dated 28 April 2014 asking whether the developer should have provided at least one public copy of the submitted application documents in accordance with the quote below which is taken from page 3 of the PINS Advice Note 6: ?At least one public inspection copy should also be made available at a location or locations in the vicinity of the proposed development?. The first line of the paragraph to which you refer states: ?Applicants are reminded that they are required to make the full application including all documents and information accompanying the application available to each person notified of the accepted application.? It is important to highlight that this advice refers to any application accepted by the Inspectorate (on behalf of the Secretary of State) for examination and does not therefore require applicants to make a copy of the application documents available prior to the application being accepted.

The advice note also states ?The Planning Inspectorate also strongly advises applicants to send a public inspection copy of their submission to the local authority(s) within whose area(s) the project is located.? Please note that this is not a statutory requirement but is our good practice advice to applicants.