Advice to Bournemuth Borough Council
Back to listEnquiry
- From
- Bournemuth Borough Council
- Date advice given
- 22 November 2013
- Enquiry type
Mr. Davies queried the status under the Planning Act 2008 of Bournemouth Borough Council in relation to the emerging application for the Navitus Bay Wind Park.
Advice given
At the ?pre-application? stage of the process, applicants are required to identify and consult statutory consultees about the proposed development in compliance with section 42 of the Planning Act 2008 (as amended) (the PA2008) and Schedule 1 of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009. Local authorities as defined under section 43 are statutory consultees for any proposed Nationally Significant Infrastructure Project (NSIP) which is located in (a 'host' authority) or adjacent to (a 'boundary' authority) their area. If you are in any doubt as to Bournemouth Borough Council?s pre-application status in relation to the proposed Navitus Bay Wind Park, please contact the applicant (email info@navitusbay.com or telephone 01926671592).
If an application is submitted to the Planning Inspectorate and accepted for examination, section 102 of the PA 2008 applies and sets out those persons who are 'interested parties' and therefore enjoy certain entitlements such as the ability to make written representations and oral representations at any hearings. Host local authorities are automatically registered as interested parties under s102.
If the NSIP or its associated development would not be located in land under jurisdiction of a local authority, but that authority shares a boundary with a host authority, in order to participate in the examination of the application the boundary authority would be required to either:
· register as an interested party by making a relevant representation; or
· as a s43 statutory consultee, confirm to the appointed Examining Authority (ExA) its desire to become an interested party in writing; if possible by a deadline timetabled in that ExAs letter under Rule 8 of the Infrastructure Planning (Examination Procedure) Rules 2010 (the Exam Rules).
S43 authorities that share a boundary with a host authority or authorities will receive an invitation to the Preliminary Meeting under Rule 6 of the Exam Rules, and the procedural decision following that meeting under Rule 8. Unless one of the steps described in the bulleted list above were then taken, the Rule 8 letter would be the last correspondence from the Inspectorate that a boundary authority would receive.
For information on the content and submission of Local Impact Reports, I refer you to the Planning Inspectorate?s non-statutory Advice Note One: Local Impact Reports: http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/