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Advice to Bill Hoodless

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Enquiry

From
Bill Hoodless
Date advice given
14 January 2014
Enquiry type
Email

There is a particular problem with how the consultation has been conducted by the company.

Much information has been delayed, some of it is very relevant but even now unavailable and many company claims about the scheme are incorrect.

My concern is that the absence of sufficient proper information has had a bad effect on public appreciation of the wind farm plan.

While this is going on, the company endlessly have statements published in the main local newspaper, the Bournemouth Echo, saying how keen they are to consult with everyone, answer all questions and take all comments on board with a view to mitigation.

To be clear, the questions have been asked of the company already, but without result.

Kindly advise if there is any way the public are able to bring to your attention the numerous examples of such poor consultation. If so, what would be the best procedure to use please?

Advice given

Before a decision can be made by the Planning Inspectorate (on behalf of the Secretary of State) on whether to accept an application for Examination, local authorities are invited to make representations to the Inspectorate concerning the adequacy of the applicant?s pre-consultation. The Inspectorate will write to relevant local authorities when an application has been received to ask for their comments in relation to this. The Inspectorate, on behalf of the Secretary of State, must have regard to these representations in making its decision on whether to accept an application to proceed to be examined.

Pre-application consultation is a statutory duty for applicants, and the Planning Act 2008 requires for it to be carried out in a certain manner and to a certain standard. Issues about the adequacy of an applicant's pre-application consultation should be shared and considered prior to the Inspectorate making a decision on accepting an application for examination. Where any person feels that an applicant's pre-application consultation was inadequately carried out, they should seek resolution by approaching the applicant in the first instance.

If persons remain unsatisfied, they should make a complaint to the relevant local authority (who can consider this complaint as part of their representation to the Secretary of State on the adequacy of consultation), or to the Secretary of State (via the Inspectorate). Any complaint should be made promptly following the close of consultation to ensure that it is received not later than the point at which an application is submitted to the Planning Inspectorate. In all cases, the final decision as to whether pre-application consultation was adequately carried out rests with the Secretary of State.

Separately, where someone believes they have identified an issue which has not been adequately addressed by the applicant, despite raising it with them as part of their pre-application consultation exercises, they may wish to make a written representation about that issue to the Examination of that application. This will ensure that the issue is read by the appointed Examining Authority during the Examination.

You may also find the following guidance and advice note helpful:

Guidance on the Pre-Application Process (The Planning Act 2008): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49468/Planning_Act_2008_pre-applications.pdf

Advice note sixteen: The developer?s pre-application consultation, publicity and notification duties: http://infrastructure.planningportal.gov.uk/wp-content/uploads/2013/04/Advice-note-16.pdf