1. Section 51 advice
  2. Advice in detail

Advice to Nicola Shaw

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Enquiry

From
Nicola Shaw
Date advice given
23 April 2014
Enquiry type
Email

Query regarding applicant pre application consultation

Advice given

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

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 22 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 about your concerns, but it is noted that you have sent a copy of your letter to the relevant local authority. 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.

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, you will need 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