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Advice to Copeland Borough Council

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Enquiry

From
Copeland Borough Council
Date advice given
21 September 2012
Enquiry type
Email

Please could you provide some advice, my query is in relation to the level of consultation and the means of responding to the visual impact of Major Infrastructure projects on non-prescribed bodies.

Under the current guidance Copeland Borough Council is designated as a non-prescribed body as we are within the ZVI of the proposed Walney Island Off Shore Wind Farm Extension. Within the guidance notes it states The Secretary of state will consult the local authority(s) in relation to any potential visual impact of a proposed NSIP??.. the local authority will be consulted as a non-prescribed consultation body.

What form of consultation will the SOS engage in with the non-prescribed authorities and to what extent or weight is given to the comments received?

As there is no formal mechanism for non-prescribed bodies to feed in to the project (that is we are not invited to feed into the LIR) it would be helpful if you could provide some clarity or guidance as to the manner in which the SOS would expect non-prescribed bodies to respond to any such consultation, along with time scales and the manner in which the potential impacts of the development should be reported?

Advice given

As you may be aware, the application for the Walney Extension Offshore Wind Farm proposal is likely to be submitted to the Planning Inspectorate in Q1 of 2013.

The quote in your email was taken from the Planning Inspectorate?s Advice Note 3: ?EIA Consultation and Notification? which refers to the Environmental Impact Assessment screening and scoping processes at the pre-application stage. As you may be aware, EIA scoping for this application was undertaken on 27 September 2010 . The advice given below gives a brief overview of the opportunities to comment on the proposal.

Before submitting an application for Development Consent Order, applicants are required to carry out extensive consultation on the proposed development as prescribed within s42 and s47 of the Planning Act 2008 as amended, and undertake publicity in accordance with section 48. We are aware that DONG Energy is currently undertaking this consultation and publicity and your Council now has the opportunity to respond. DONG Energy will have set a deadline of no less than 28 days for receipt of responses.

Once the application has been submitted to the Planning Inspectorate, a decision must be made within 28 days as to whether or not the application can be accepted for examination (section 55 of the Planning Act 2008 as amended).

If the application is accepted, the applicant is required to publicise the decision and also notify various bodies. This notice and publicity will include information on when to make a relevant representation, and as a result, become an interested party.

Interested parties then will be able to take part in the examination of the application.

Please view the following Advice Notes published on our website for more information:

8.1 How the process works

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/04/Advice-note-8.1v4.pdf

8.2 Responding to the developer?s pre-application consultation

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/03/Advice-note-8.2.pdf

8.3 How to register and become an interested party in an application

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/04/Advice-note-8.3v4.pdf

8.4 Influencing how application will be examined ? the Preliminary Meeting

http://infrastructure.planningportal.gov.uk/wp-content/uploads/2012/03/Advice-note-8.4.pdf