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Advice to Benjamin Dove-Seymour

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Enquiry

From
Benjamin Dove-Seymour
Date advice given
22 February 2013
Enquiry type
Email

The two following queries were asked regarding the prospective application for development consent for a generating station:

Is it acceptable to refer to the information requested in boxes 16 and 17 of the application form within the Environmental Statement (providing the relevant information is covered in the ES), rather than providing two standalone documents?

Is it acceptable that any plan showing ?relevant sites? may only show the part of the site that is affected by the project?

Advice given

Thank you for your letter dated the 14 February 2013 enquiring on two points regarding your prospective application for development consent for a generating station.

Firstly, in regards to whether or not it is acceptable to refer to the information requested in boxes 16 and 17 of the application form within the Environmental Statement (providing the relevant information is covered in the ES), rather than providing two standalone documents.

As you are aware, such an approach would be a departure from the Department for Communities and Local Government?s Application Form Guidance, paragraph 35 and 38, which states that the ?information on other effects should be set out in a document that is separate from an Environmental Statement and referenced in Box 16/17? respectively. I acknowledge the examples you have used of other applications which have departed from guidance, nevertheless we strongly encourage adherence to all relevant guidance to reduce the possibility that the application cannot be accepted. The issue of whether or not a departure from guidance is acceptable would be a discretionary matter for the Inspector appointed to make the acceptance decision having had regard to the particularities of the application.

Secondly, in regards to whether it is acceptable that any plan showing ?relevant sites? may only show the part of the site that is affected by the project. We advise that when preparing your application documents you are satisfied that your submissions will meet the requirements of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and relevant guidance.

Notwithstanding the above, should you choose to depart from guidance when preparing your application documents, we would advise that you declare in writing and provide reasoning for such departures with your submitted application.