Advice to Poole & Christchurch Bays Assoc
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- From
- Poole & Christchurch Bays Assoc
- Date advice given
- 28 March 2014
- Enquiry type
Questions regarding the Planning Process and Adequacy of Consultation queries
Advice given
The decision maker about whether or not to accept an application for examination is The Planning Inspectorate, on behalf of the Secretary of State for Communities and Local Government.
Any weight given to comments submitted by parties other than local authorities will depend on the individual facts of the case. Section 55 of the Planning Act 2008 explains what the decision maker must have regard to when deciding whether an application can be accepted. Comments sent to the Planning Inspectorate by Poole & Christchurch Bays Association are currently being kept on file and will be made available to the decision maker. Any comments which are made available to the Planning Inspectorate, who is the decision maker on behalf of the Secretary of State, are therefore also before the Secretary of State. Parties are of course able to make further representations, by sending them to enquiries@infrastructure.gsi.gov.uk at the Planning Inspectorate, if they so wish.
Section 55 of the Planning Act 2008 provides that, in making a decision on whether to accept an application, the decision maker must have regard to, amongst other specified matters, any adequacy of consultation representation submitted by a prescribed local authority. Because the legislation is clear on this point, the CLG Guidance Planning Act 2008: guidance on the pre-application process https://www.gov.uk/government/publications/guidance-on-the-pre-application-process-for-major-infrastructure-projects> advises that where other parties wish to comment on the adequacy, they should in the first instance inform the applicant of their views (to allow the applicant time to consider those views) and they can also submit the comments to the relevant local authorities. In making comments to the local authorities before an application is submitted, local authorities will have the opportunity to include any comments (if they so wish) in any adequacy of consultation representation they may make. If the comments from other parties are provided to the local authority before the application is submitted, they may have more time to consider if they wish to include these points in any representation they make.
The procedure to challenge decisions, in relation to Nationally Significant Infrastructure Projects, made under the Planning Act 2008 (as amended) is to make an application to the High Court for judicial review under section 118 of the Planning Act 2008. A judicial review application can be made by any party and not solely the applicant. We are not able to provide parties with legal advice on which they may rely. They should seek their own independent legal advice on the extent of permitted challenges, if required.
Once an application is submitted to the Planning Inspectorate, we invite the host and neighbouring local authorities to submit an adequacy of consultation representation. The definition in the legislation of an adequacy of consultation representation is a ?representation about whether the applicant has complied, in relation to that proposed application, with the applicant?s duties under sections 42, 47, and 48?. of the Planning Act 2008. The CLG Guidance: Planning Act 2008: guidance on the pre-application process (https://www.gov.uk/government/publications/guidance-on-the-pre-application-process-for-major-infrastructure-projects>) states that ?Any representation must be limited to how the applicant has carried out the consultation?.