1. Section 51 advice
  2. Advice in detail

Advice to Bryan Smith

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Enquiry

From
Bryan Smith
Date advice given
30 May 2013
Enquiry type
Phone
  1. Is the applicant required to publish the results of consultation before submitting an application?
  2. Is the applicant required to release data for the EIA before submitting an application?

Advice given

  1. There is no requirement for an applicant to publish results of their consultation before an application is submitted. When the application is submitted, it must be accompanied by a consultation report which should provide an audit trail of consultation undertaken, summarise issues raised and demonstrate how consultation responses have been taken into account by the applicant. The consultation report does not have to contain copies of all correspondence, however these may be requested by PINS during the acceptance period.

  2. The applicant will consult on preliminary environmental information during their pre-application consultation, however there is no requirement for an applicant to publish a draft ES before it is submitted. The applicant may however request comments on the ES from local authorities during their Section 42 consultation.