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Advice to Nigel Bamber

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Enquiry

From
Nigel Bamber
Date advice given
1 November 2013
Enquiry type
Email

Enquiry regarding the applicant's pre-application consultation.

Advice given

Thank you for your email dated 10 October 2013 regarding proposed Progress Power Station at Eye Airfield. Please accept my apologies for the delay in replying.

As you are probably aware, this application is currently at the pre-application stage; where the developer is required to undertake its statutory pre-application consultation exercises in accordance with the Planning Act 2008 (as amended). I believe that the leaflet you received relates to the applicant?s statutory consultation.

We appreciate being informed about the Nationally Significant Infrastructure Projects (NSIPs); please note however that the pre-application consultation exercise is driven by the applicant. I therefore suggest contacting the applicant directly to make them aware of your concerns. The applicant might be able to provide you with other opportunities to have your say on the project. You may wish to use the conatc details below to make your representation to the applicant;

Progress Power

Email: info@progresspower.co.uk Telephone: 0131 550 3380

Progress Power Limited 49 York Place Edinburgh EH1 3JD

Please note that once the application is formally submitted to the Planning Inspectorate specific tests will be undertaken against the relevant legislation on the submitted application documents during the 28 day acceptance period. As a part of these tests, the Secretary of State will review the applicant's pre-application consultation exercises undertaken and, how the applicant had regard to consultation responses received.

If the application is accepted for examination you will then have an opportunity to register as an interested party (IP) directly to the Planning Inspectorate. In a case where the applicant fails to demonstrate that it has fulfilled this duty there may be grounds to refuse an application for examination and require that the developer restarts its pre-application consultation exercises before an application is re-submitted.

I would suggest that any views you have on the applicant's proposed consultation exercises are formally sent to the developer in the first instance and that you make a record of this. Responses to consultation exercises must form part of the applicant's Consultation Report which will be used to determine the level of 'regard' an applicant has had to responses submitted.

I am also including the link below to our Advice Notes 8.1 - 8.5 on how the process works and how to get involved:

http://infrastructure.planningportal.gov.uk/legislation-and-advice/advice-notes/

I hope this information was helpful.