Advice to Peter Fenning
Back to listEnquiry
- From
- Peter Fenning
- Date advice given
- 10 April 2014
- Enquiry type
Query relating to adequacy of consultation
Advice given
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. So far as we are aware, the application is expected to be submitted to the Planning Inspectorate today, 10 April 2014.
Section 55 of the Planning Act 2008 relates to acceptance of applications for examination . Section 55(4) of the Planning Act 2008 provides 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 prescribed 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 Planning Act 2008
We note that you have submitted representations to the Inspectorate about the developer?s pre-application consultation and these will be retained on file and 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 section55 of the Planning Act 2008. . You do not state whether you have informed the developer or the relevant local authority about your concerns. Local Authorities may wish to incorporate your view into their adequacy of consultation representation. As outlined above, the local authorities? views on the adequacy of consultation, should they choose to submit them, form a part of the section 55 assessment. If you have not already done so, we would suggest that you contact the relevant local authority and the developer as soon as possible to make them aware of your views.
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 Planning Act 2008 provides an opportunity for individuals, organisations and to submit a 'relevant representation' and to register as ?interested parties?. 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 webpage: http://infrastructure.planningportal.gov.uk/projects/south-east/navitus-bay-wind-park-formerly-isle-of-wight
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 made available to 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.