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Advice to John Lambon

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Enquiry

From
John Lambon
Date advice given
17 April 2014
Enquiry type
Email

Query regarding developer's consultation

Advice given

The application was submitted to the Planning Inspectorate on 10 April 2014. There is period of 28 days from 10 April to decide whether or not to accept it. This decision should be made not later than Thursday 8 May 2014.

The Secretary of State?s decision as to whether or not to accept an application for examination must accord with the provisions of section 55 of the PA 2008. Amongst other things, the application must be of a standard the Secretary of State considers satisfactory to proceed to examination and the applicant?s pre-application consultation should have complied with the statutory procedure.

During the 28 day acceptance period relevant local authorities have an opportunity to make representations about the adequacy of the applicant?s pre-application consultation, and any such representations received help to inform the Secretary of State?s decision about whether or not to accept an application. Under the legislation, there is no specific provision for parties other than the relevant local authorities to make representations to the Planning Inspectorate during the acceptance period.

We note that you have, in your email of 14 April 2014, submitted representations to the Inspectorate about the applicant?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 section 55 of the PA 2008. Any weight given to your comments will depend on the individual facts of the case.

You do not state whether you have informed the applicant or the relevant local authority about your concerns. Local Authorities may wish to incorporate your views into any adequacy of consultation representation they may make. Under s55 PA 2008, regard must be had to relevant local authorities? adequacy of consultation representations, should they choose to submit them. If you have not already done so, we would suggest that you contact the relevant local authority and the applicant as soon as possible to make them aware of your views.

Issues related to the merits of an 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 successive 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 if 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 in due course. It will also allow you to participate in certain hearings should they be held. The Planning Inspectorate has produced the Advice Note Eight series which explains the process under the PA 2008, and how you can become involved. It can be viewed at: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/