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Advice to Hampshire County Council

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Enquiry

From
Hampshire County Council
Date advice given
27 March 2014
Enquiry type
Email

Query regarding PINS guidance advising members of the public to make their concerns known about the Adequacy of consultation to local authorities

Advice given

Under the legislation, the decision maker must have regard to any adequacy of consultation representation received from a Local Authority consultee, when making a decision on whether or not an application can be accepted for examination. The legislation does not refer to adequacy of consultation representations received from other parties when making this decision.

The Planning Inspectorate has been contacted by P&CBA and we have advised, in line with the guidance, that they should inform the developer about their concerns as soon as possible and allow time for a response. We also advised that they may also wish to notify the Local Authority, who may wish to incorporate P&CBAs view into their adequacy of consultation representation. If you wish to see the full advice given it has been published on the National Infrastructure pages of the Planning portal website. The CLG Guidance states that Local Authorities can consider the complaint as part of their representation to the Secretary of State, it would therefore be helpful if your submission includes the Local Authority?s consideration/view on P&CBAs comments. You may also wish to attach their comments to your adequacy of consultation representation.

Comments on the proposed scheme itself should always be made directly to the developer at the pre-application stage of the process. This allows the developer to have regard to these comments prior to finalising and submitting their application. The guidance suggests that comments on the pre-application consultation undertaken by the developer (as opposed to comments on the scheme itself) can be made to the developer, local authority and The Planning Inspectorate, prior to an application being submitted. I hope this provides clarification.