Advice to Challenge Navitus
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- From
- Challenge Navitus
- Date advice given
- 9 April 2014
- Enquiry type
- Phone
Submission regarding adequacy of consultation
Advice given
The Planning Inspectorate is expecting the Development Consent Order application to be submitted tomorrow - 10 April 2014.
You have written to us to express concerns about the developer?s pre-application consultation for this project.
It is noted that you have submitted the attached reports to relevant local authority representatives for possible inclusion in their adequacy of consultation reports, and it is noted that the reports have also been sent to Navitus Bay Development Limited (NBDL).
The Planning Inspectorate, on behalf of the Secretary of State for Communities and Local Government, makes the decision about whether or not to accept an application for examination. The Secretary of State has 28 days from the date of submission to decide whether the application meets the required standards to proceed to examination. This will include an assessment of whether the applicant has complied with all the relevant pre-application procedures including having regard to consultation responses.
The requirements that must be satisfied in order for an application to be accepted for examination are set out in s55 of the PA 2008. s55(4) of the PA 2008 states that in making its decision about whether or not to accept an application the Secretary of State must have regard to (amongst other things) any adequacy of consultation representation received from a local authority consultee. For this reason, once an application is submitted to the Planning Inspectorate, we invite the host and neighbouring local authorities to submit a representation about whether the applicant has complied with its duties under sections 42, 47 and 48 of the PA 2008. Under the legislation there is no provision for parties other than the relevant local authorities to make adequacy of consultation representations to the Planning Inspectorate. As you have sent your reports to the local authorities they may wish to incorporate your view into their adequacy of consultation representation, once an application is submitted to us.
As you have submitted representations directly to the Planning Inspectorate about the developer?s pre-application consultation, these will be retained on file. The concerns detailed in your correspondence will be made available to the decision maker which is the Planning Inspectorate, on behalf of the Secretary of State for Communities and Local Government, when considering the decision about whether or not to accept the application under s55 of the PA 2008. It will be for the Secretary of State to decide the weight to give the views expressed in your correspondence based on the individual facts of the case.
Issues related to the merits of the application can only be considered during the examination of an application. If the application is accepted for examination, the PA 2008 provides an opportunity for individuals, organisations and groups to register as ?interested parties? and to submit a 'relevant representation'. Developers are required to advertise the acceptance of an application and the period within which a relevant representation must be made - this period must be at least 28 days. Relevant representation forms must be completed online or in paper copy and at the relevant time the forms will be available on the Planning Portal?s Navitus Bay Wind Park project Relevant representations should indicate whether an individual, organisation or group supports or opposes a scheme and highlight any issues that they may wish to make further detailed representations on later in the examination process. All relevant representations will be read by the appointed Examining Authority in conjunction with the application documents and may influence the Examining Authority?s initial assessment of the principal issues for examination.