Advice to Dr M G Little
Back to listEnquiry
- From
- Dr M G Little
- Date advice given
- 31 October 2022
- Enquiry type
Dear Inspectorate, I live near the proposed Medworth EFW site. Could you please advise as to what would happen if under the new PM national planning, environmental or other relevant law is changed during the examination of the Medworth proposal. Clearly changes that may influence representations would be important to the likes of myself and I would appreciate your advice.
Advice given
Thank you for your email of the 12 October regarding the Medworth Energy from Waste project in which you enquire what would happen if under the new Prime Minister national planning, environmental or other relevant law is changed during the Examination of the proposal. Please accept our apologies for the delay in replying. Examining Authorities must make their recommendations after Examination in accordance with the government’s National Policy Statements (NPSs); except in specified circumstances including where the adverse impacts of a Proposed Development would outweigh its benefits (see s104 of the Planning Act 2008 for further information). The NPSs are produced by government and undergo a democratic process of public consultation and parliamentary scrutiny before being designated (i.e adopted). Other policies may also be relevant and important matters which the Examining Authority will consider. The Planning Inspectorate is impartial and does not comment on government policy. However, as explained above Examining Authorities do make their recommendations within the framework provided by NPSs, as required by the Planning Act 2008. The Decision on whether an application is consented or not will ultimately be made by the relevant Secretary of State (SoS) after receiving the recommendation from the Examining Authority. The relevant SoS is the minister with responsibility for the area of government business that an application relates to. For example for this application the SoS for the Department of Business Energy and Industrial Strategy makes the final decision. The relevant SoS has three months from when the Recommendation Report is submitted in which to make a their decision. If the relevant NPS has not been designated, Section 105 of the Planning Act 2008 sets out what the SoS must have regard to in making their decision where a relevant NPS is not designated. This includes any matter that the SoS thinks is important and relevant to the Secretary of State’s decision. This could include a draft NPS, if one exists. For more information see the National Policy Statements page. https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/national-policy-statements/ On a general point, a decision maker for an application for a Development Consent Order may take into account any matter they consider to be important or relevant. This may include any emerging national plan, policy or emerging local plan or policy document. It is for the decision maker to decide how much weight to attach to that document. To date we note that you have not submitted a relevant representation. We would encourage you to please make sure that you register as an Interested Party and submit a summary of what you agree with and/ or disagree with in relation to the application https://national-infrastructure-consenting.planninginspectorate.gov.uk/register-have-your-say/EN010110 by the Deadline of 23:59 on 15 November 2022. Further information about taking part in the Examination process can be found on our website where there are a suite of Advice Notes. Advice Note 8 provides an Overview of the nationally significant infrastructure planning process for members of the public and others. https://infrastructure.planninginspectorate.gov.uk/legislation-and-advice/advice-notes/advice-note-eight-overview-of-the-nationally-significant-infrastructure-planning-process-for-members-of-the-public-and-others/ Please do not hesitate to contact us again if you have any queries by emailing the Inspectorate’s Medworth project mailbox medworth@planninginspectorate.gov.uk